# COMAR Title 08 — Department of Natural Resources

## Subtitle 03 — Wildlife

### Chapter 01 — General

**Authority:** Natural Resources Article, §§10-101, 10-205, 10-206, 10-301, 10-404—10-409, 10-415, 10-418, 10-902, and 10-903, Annotated Code of Maryland; Ch. 427, Acts of 2013

**Administrative History:** Effective date:

**Administrative History:** Existing Regulations .01—.10 recodified under new chapter COMAR 08.03.10

**Administrative History:** Regulation .01 adopted effective June 26, 1989 (16:12 Md. R. 1333)

**Administrative History:** Regulation .01B amended effective September 2, 1991 (18:17 Md. R. 1917); August 15, 1994 (21:16 Md. R. 1381); June 3, 1996 (23:11 Md. R. 809); October 6, 1997 (24:20 Md. R. 1402); September 11, 2017 (44:18 Md. R. 864)

**Administrative History:** Regulation .01B amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1165); amended permanently effective January 13, 1997 (24:1 Md. R. 28)

**Administrative History:** Regulation .01B amended as an emergency provision effective September 15, 1998 (25:21 Md. R. 1570); amended permanently effective December 28, 1998 (25:26 Md. R. 1919)

**Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective August 19, 2002 (29:16 Md. R. 1286)

**Administrative History:** Regulation .01B amended effective August 30, 2004 (31:17 Md. R. 1311); August 23, 2010 (37:17 Md. R. 1184); August 6, 2012 (39:15 Md. R. 963)

**Administrative History:** Regulation .01B amended as an emergency provision effective October 1, 2013 (40:21 Md. R. 1771); amended permanently effective November 25, 2013 (40:23 Md. R. 1932)

**Administrative History:** Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 889); October 10, 2016 (43:20 Md. R. 1109); August 10, 2020 (47:16  Md. R. 737)

#### Regulation .01 Definitions.

*COMAR 08.03.01.01*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Air gun” means any gun that propels a projectile by means of non-ignited compressed air or other gases. An air gun is considered unloaded when the bullet, pellet, arrow, bolt or other projectile is removed from the gun.

  (2) “Antler point” means any antler projection, including the brow tine, at least one inch in length from base to tip. An antler point may project from the main beam or any antler tine. The brow tine is the point immediately above the top of the skull. The main antler beam tip shall be counted as a point, regardless of length.

  (3) “Antlered sika deer” means a sika deer with at least one antler visible above the hairline.

  (4) “Antlered white-tailed deer” means a white-tailed deer with:

    (a) Two or more points to one antler; or

    (b) One antler 3 inches or more long, measuring from the top of the skull, as the deer is in life.

  (5) “Antlerless deer” means any deer not antlered.

  (6) “Bearded turkey” means any wild turkey with a clump of stiff, hair-like filaments projecting from the upper section of the breast.

  (7) “Blind” means man-made or natural material that conceals a hunter from full or partial view while hunting or participating in a hunt.

  (8) “Bonus antlered deer stamp” means a stamp which allows a properly licensed individual to hunt one additional antlered deer per hunting license year in a particular deer management region.

  (9) Closed Season.

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

    (b) “Closed season” includes any period of time not included within the open season.

  (10) “Bow” means a vertical bow or a crossbow.

  (11) “County” includes Baltimore City unless otherwise indicated.

  (12) “Daytime” means the time beginning 1/2 hour before sunrise and ending 1/2 hour after sunset the same day, as published in the Department's hunter's guide.

  (13) “Department” means the Department of Natural Resources.

  (14) “Director” means the Director of the Wildlife and Heritage Service, a unit of the Department of Natural Resources.

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

  (16) “Fur” or “pelt” means a raw, green, or cured skin and fur of a wild quadruped.

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

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

  (19) “Green pelt” means a pelt that is not dried, cured, or tanned.

  (20) Hunt.

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

    (b) “Hunt” does not include the sport of fox chasing.

  (21) “Jaw-spread” means the maximum distance between the inside of both jaws as measured across the trap jaws on a line perpendicular to a line drawn through the jaw pivot points when the trap is in a set position.

  (22) “Junior hunting day” means a day set aside only for individuals 16 years old or younger to hunt deer, wild turkeys, and waterfowl.

  (23) “Migratory game bird” means a wetland game bird, dove, or woodcock or any part, egg, offspring, or dead body of any of them.

  (24) “Muzzle loading firearm” means a:

    (a) Rifle, shotgun, or handgun which is loaded from the muzzle; or

    (b) Revolver which is loaded from the front of the cylinder.

  (25) “Nighttime” means the time beginning 1/2 hour after sunset and ending 1/2 hour before sunrise the following day, as published in the Department's hunter's guide.

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

  (27) Open Season.

    (a) “Open season” means the time when an individual lawfully may hunt game birds and mammals.

    (b) “Open season” includes both the first and last day of the season unless otherwise indicated.

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

  (29) “Primitive weapon” means a:

    (a) Vertical long bow, vertical recurve bow, or other vertical bow that does not use wheels, cams, or other mechanical devices that aid in the drawing of the bow string or the holding of a drawn bow; and

    (b) A flintlock or percussion cap sidelock muzzle loading firearm.

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

  (31) “Resident” includes a member of the Armed Forces of the United States who is on active duty and stationed officially in the State.

  (32) School.

    (a) “School” means an accredited public, parochial, or private learning institution for one or more grades, kindergarten through 12th grade.

    (b) “School” does not include a home school or an institute of higher education such as a college or university.

  (33) “Secretary” means the Secretary of Natural Resources.

  (34) “Service” means the Wildlife and Heritage Service, a unit of the Department of Natural Resources.

  (35) “Straight-walled cartridge” means a bullet casing with straight walls all the way to the projectile used as ammunition for a handgun or rifle.

  (36) “Unprotected bird” means an English sparrow and European starling or any part, egg, offspring, or dead body of any of them.

  (37) “Unprotected mammal” means nutria and woodchuck.

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

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

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

  (41) Wildlife.

    (a) “Wildlife” means every living creature, not human, wild by nature, endowed with sensation and power of voluntary motion.

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

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

  (43) “Wild quadruped” means a species of wildlife having four feet, or any part, egg, offspring, or dead body of any of them.

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

### Chapter 02 — Use of Wildlife Areas

**Authority:** Natural Resources Article, §§10-205, 10-801, and 10-808, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.22 were previously codified as Regulations .57, .58, .11, .01, .23, .29, .33, .36, .37, .38, .39, .41, .42, .47, .49, .50, .53, .59, .60, .61, .62, and .35, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01.

**Administrative History:** Regulation .01 amended effective June 3, 1985 (12:11 Md. R. 1047); February 19, 1990 (17:3 Md. R. 296)

**Administrative History:** Regulation .01A amended effective August 8, 1988 (15:16 Md. R. 1913)

**Administrative History:** Regulation .01B amended effective February 27, 1995 (22:4 Md. R. 236); April 27, 2015 (42:8 Md. R. 607)

**Administrative History:** Regulation .02 amended effective June 30, 1986 (13:13 Md. R. 1488); January 26, 1987 (14:2 Md. R. 127); May 18, 1987 (14:10 Md. R. 1169); January 2, 1994 (20:26 Md. R. 2025); February 27, 1995 (22:4 Md. R. 236)

**Administrative History:** Regulation .02B amended effective June 3, 1985 (12:11 Md. R. 1047); April 27, 2015 (42:8 Md. R. 607)

**Administrative History:** Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2527)

**Administrative History:** Regulation .05B amended effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulation .06 amended effective June 30, 1986 (13:13 Md. R. 1488)

**Administrative History:** Regulation .06A amended effective August 8, 1988 (15:16 Md. R. 1913); June 26, 1989 (16:12 Md. R. 1333)

**Administrative History:** Regulation .07B amended effective June 30, 1986 (13:13 Md. R. 1488)

**Administrative History:** Regulation .07C amended effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Regulation .09 amended effective June 3, 1985 (12:11 Md. R. 1047); June 30, 1986 (13:13 Md. R. 1488); February 19, 1990 (17:3 Md. R. 296); September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .09C amended effective October 29, 1990 (17:21 Md. R. 2527)

**Administrative History:** Regulation .12 amended effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Regulation .12B amended effective June 26, 1989 (16:12 Md. R. 1333)

**Administrative History:** Regulation .12C amended effective August 8, 1988 (15:16 Md. R. 1913)

**Administrative History:** Regulation .15 amended effective June 30, 1986 (13:13 Md. R. 1488)

**Administrative History:** Regulation .16 repealed effective September 3, 2001 (28:17 Md. R. 1555)

**Administrative History:** Regulations .19 amended effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulation .22 amended effective June 30, 1986 (13:13 Md. R. 1488)

**Administrative History:** Regulation .23 adopted effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulations .24—.29 adopted effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Regulation .24A amended effective August 8, 1988 (15:16 Md. R. 1913); January 25, 1999 (26:2 Md. R. 105); October 29, 2001 (28:21 Md. R. 1854)

**Administrative History:** Regulation .25A amended effective August 8, 1988 (15:16 Md. R. 1913); January 25, 1999 (26:2 Md. R. 105); October 29, 2001 (28:21 Md. R. 1854)

**Administrative History:** Regulation .25-1 adopted effective August 31, 1992 (19:17 Md. R. 1606)

**Administrative History:** Regulation .26 amended effective June 26, 1989 (16:12 Md. R. 1333)

**Administrative History:** Regulation .29 repealed effective June 26, 1989 (16:12 Md. R. 1333)

**Administrative History:** Regulation .30 adopted effective August 8, 1988 (15:16 Md. R. 1913)

**Administrative History:** Regulation .30 amended effective March 14, 1994 (21:5 Md. R. 403); December 27, 1999 (26:26 Md. R. 1959)

**Administrative History:** Regulation .31 adopted effective February 19, 1990 (17:3 Md. R. 296)

**Administrative History:** Regulation .31 repealed effective February 27, 1995 (22:4 Md. R. 236)

**Administrative History:** Regulations .32 and .33 adopted effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .32 repealed effective February 27, 1995 (22:4 Md. R. 236)

**Administrative History:** Regulation .33 amended effective February 27, 1995 (22:4 Md. R. 236)

**Administrative History:** Regulation .34 adopted effective October 11, 1993 (20:20 Md. R. 1567)

**Administrative History:** Regulation .34A amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1165); amended permanently effective January 13, 1997 (24:1 Md. R. 28)

**Administrative History:** Regulation .34 repealed and new Regulation .34 adopted effective August 19, 2002 (29:16 Md. R. 1286)

**Administrative History:** Regulation .35 adopted effective August 28, 1995 (22:17 Md. R. 1316)

**Administrative History:** Regulation .36 adopted effective September 3, 2001 (28:17 Md. R. 1555)

**Administrative History:** Regulation .37 adopted effective October 11, 2004 (31:20 Md. R. 1485)

**Administrative History:** Regulation .38 adopted effective November 8, 2004 (31:22 Md. R. 1595)

**Administrative History:** Chapter revised effective March 14, 2016 (43:5 Md. R. 384)

**Administrative History:** Regulation .02B amended effective September 23, 2019 (46:19 Md. R. 813)

**Administrative History:** Regulation .28 amended effective September 6, 2021 (48:14 Md. R. 692)

**Administrative History:** Regulation .28F amended effective September 11, 2017 (44:18 Md. R. 864); October 5, 2020 (47:20 Md. R. 874)

#### Regulation .01 Definitions.

*COMAR 08.03.02.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) Bait.

    (a) “Bait” means fruit, vegetables, nuts, hay, corn, wheat, other feed, salt, or other mineral-based attractant intentionally placed, exposed, deposited, distributed, or scattered so as to serve as an attraction or enticement to forest game birds or mammals.

    (b) “Bait” does not include standing crops or where fruit, vegetables, nuts, hay, corn, wheat, other feed, salt or other minerals have been scattered solely as the result of bona fide agricultural operations or procedures such as planting, harvesting, or livestock care.

  (2) “Baited area” means any area where bait is placed, exposed, deposited, distributed, or scattered.

  (3) “Camping” means erecting tents or other shelters, sleeping in vehicles or trailers overnight, or otherwise attempting to reside temporarily upon the property overnight.

  (4) “Cooperative wildlife management area” means an area under private, corporate, or government ownership for which the landowner or his agent allows controlled public wildlife recreation opportunities in accordance with the provisions of a cooperative agreement or lease with the Service.

  (5) Dog Training.

    (a) “Dog training” means using a dog to hunt or retrieve, or simulate the hunting or retrieving of, a game bird or mammal outside the hunting season established for that species.

    (b) “Dog training” does not include the activity of walking with a dog on a leash or engaging in a permitted field trial in accordance with Natural Resources Article, §10-701, Annotated Code of Maryland.

  (6) “Geocaching” means to hide a small container or other item at discrete locations for the purpose of using GPS coordinates to locate the item.

  (7) “Natural resources management area (NRMA)” means an area where multiple-use management practices are implemented for the maximum use of the natural resources of the area.

  (8) “Permit hunting area” means a wildlife management area (WMA), cooperative wildlife management area, or natural resource management area (NRMA) for which a permit from the Service is required to hunt, birdwatch, fish, hike, horseback ride, and train dogs.

  (9) “Public hunting permit” means a free permit issued by the Service that allows a licensed hunter to hunt on certain Department lands.

  (10) “Target shooting” means to practice or discharge an airgun, BB gun, bow, crossbow, firearm, or paintball gun at a bottle, can, stump, paper target, or any other object into the air or into a body of water.

  (11) “Use permit” means written permission provided by the service provided on Department letter head and signed by the director or designee. A use permit may be applied for in writing by contacting the manager of the Wildlife Management Area on which the use will occur.

  (12) Vehicle.

    (a) “Vehicle” means any motorized vehicle or vessel that is capable of traveling on land, water, snow or ice.

    (b) “Vehicle” includes, but is not limited to, all-terrain vehicles, automobiles, boats, mini-bikes, mopeds, motorcycles, personal watercraft, scooters, snowmobiles, and trucks.

  (13) “Wildlife management area (WMA)” means an area acquired by the State to protect, propagate, or manage wildlife, or for hunting purposes. The Department may open these areas to nature-based outdoor recreational activities, including hunting, fishing, hiking, camping, and wildlife watching.

  (14) “Wildlife refuge” or “wildlife sanctuary” means a designated area on any Service-controlled land or water in which wildlife may not be hunted, disturbed, or molested at any time.

#### Regulation .02 Wildlife Management Area System.

*COMAR 08.03.02.02*

A. The wildlife management area system consists of the units in §B of this regulation as delineated on maps filed in the Office of the Secretary of Natural Resources.

B. Wildlife Management Areas.

C. Hunting is allowed on Wildlife Management Areas in accordance with the provisions of this chapter except on the following WMAs:

  (1) Bodkin Island;

  (2) Chicone Creek;

  (3) Devil Island;

  (4) Fort Hill;

  (5) Globe Comm;

  (6) Hopkin’s Branch;

  (7) Kent Island Research Center; and

  (8) Little Patuxent Oxbow.

#### Regulation .03 Wildlife Sanctuary or Wildlife Refuge.

*COMAR 08.03.02.03*

A. Except by a use permit from the Service, on Service controlled lands and waters posted as “Wildlife sanctuary” or “Wildlife refuge” a person may not engage in or attempt to:

  (1) Catch;

  (2) Harass;

  (3) Hunt;

  (4) Intentionally disturb;

  (5) Kill; or

  (6) Pursue any wildlife.

B. Violation of any provision or restriction of the permit shall constitute a violation of this regulation.

#### Regulation .04 Vehicles on Service Controlled Lands or Waters.

*COMAR 08.03.02.04*

A. A person may not operate or possess a vehicle on Service controlled lands and waters without a use permit from the Service except:

  (1) Licensed automobiles, boats, motorcycles, and trucks that operate on those roads, trails, or waterways:

    (a) Open to automobiles or general boat traffic; or

    (b) As specifically posted by the Service; or

  (2) On certain mobility impaired hunting areas while in possession of a Universal Disability Pass in accordance with COMAR 08.03.10.09 and as posted open for use.

B. Violation of any provision of the permit constitutes a violation of this regulation and may result in revocation or suspension of the permit.

C. A person shall operate a vehicle on Service controlled lands and waters in a safe manner and not cause unnecessary damage to roads, trails, or other areas.

D. A person may not operate any vehicle on any Service controlled lands or waters while under the influence of any intoxicants.

E. Parking.

  (1) A person may park or leave a vehicle unattended in designated parking areas on Service controlled lands and waters when engaged in a legitimate recreational activity allowed on those lands and waters:

  (2) Parking area rules, if applicable, shall be posted and may include:

    (a) Vehicle quotas;

    (b) Hours of operation; and

    (c) Other WMA specific policies.

#### Regulation .05 Baiting or Feeding.

*COMAR 08.03.02.05*

A. On Service controlled lands and waters, a person may not:

  (1) Hunt, shoot, or kill or attempt to hunt, shoot, or kill any game birds or game mammals with the aid of bait or on or over any baited area; or

  (2) Bait or feed wildlife without a use permit from the Service.

B. Violation of any provision of the permit constitutes a violation of this regulation and may result in revocation or suspension of the permit.

#### Regulation .06 Permanent Blinds and Tree Stands.

*COMAR 08.03.02.06*

A. A person may use temporary blinds and tree stands that are brought in and taken out daily on Service controlled lands.

B. Hunters may use natural stands of vegetation that are present and left uncut at the hunting site.

C. A person may not use blinds constructed of reed grass, Phragmites australis.

D. A person may not use, construct, or cause to be constructed, permanent blinds, or tree stands on Service controlled lands except by a use permit from the Service, unless those structures were provided by the Service for the convenience and use by the public.

E. Violation of any provision or restriction of the permit shall constitute a violation of this regulation.

#### Regulation .07 Fires.

*COMAR 08.03.02.07*

A. On Service controlled lands a person may not:

  (1) Ignite;

  (2) Cause to be ignited; or

  (3) Maintain a fire except in designated camping sites or by a use permit from the Service.

B. Violation of any provision or restriction of the permit shall constitute a violation of this regulation.

#### Regulation .08 Camping.

*COMAR 08.03.02.08*

A. A person may not camp on Service controlled lands:

  (1) Outside of designated camping areas without a use permit from the Service; or

  (2) For more than 14 consecutive dates in a designated camping area.

B. Violation of any provision or restriction of the permit shall constitute a violation of this regulation.

#### Regulation .09 Trapping.

*COMAR 08.03.02.09*

A. A use permit is required from the Service before a person may trap or attempt to trap on Service controlled lands and waters.

B. When designated properties are leased for furbearer trapping, furbearers and nutria may be hunted or trapped only by:

  (1) The lessee; or

  (2) Persons with a use permit from the Service.

C. Violation of any provision or restriction of the permit shall constitute a violation of this regulation.

#### Regulation .10 Plants, Rocks, Minerals, and Nongame Animals.

*COMAR 08.03.02.10*

A. Except with a use permit from the Service, on Service controlled lands and waters a person may not remove, disturb, damage or destroy any portion of a:

  (1) Mineral;

  (2) Plant;

  (3) Rock;

  (4) Tree; or

  (5) Nongame animal.

B. Violation of any provision or restriction of the permit shall constitute a violation of this regulation.

#### Regulation .11 Use of Dogs.

*COMAR 08.03.02.11*

A. A person may use dogs on Service controlled lands or waters, with the following restrictions:

  (1) Fox and raccoon hunting and chasing in accordance with §B of this regulation;

  (2) Designated field trials must be conducted in accordance with the conditions of a valid Field Trial Permit in accordance with Natural Resources Article, §10-701, Annotated Code of Maryland, issued by the Service;

  (3) Dog training is allowed only in designated dog training areas in accordance with posted rules;

  (4) Persons may not use dogs in areas marked as closed to entry by dogs; and

  (5) Dogs shall be leashed from April 15 through August 15 unless in a designated dog training area or as otherwise posted.

B. A permit from the Service is required to use dogs for hunting or chasing fox and raccoons on Service controlled lands and waters in all counties except:

  (1) Allegany;

  (2) Anne Arundel;

  (3) Calvert;

  (4) Charles;

  (5) Frederick;

  (6) Garrett;

  (7) Montgomery;

  (8) Prince George’s;

  (9) St. Mary’s; and

  (10) Washington.

C. Unless otherwise posted, persons may only release and use live birds for dog training on Service controlled lands and waters with a Retriever Training Permit as described in COMAR 08.03.09.09 and a use permit from the Service.

#### Regulation .12 Designated Dove Hunting Areas.

*COMAR 08.03.02.12*

A. During the months of September and October in areas posted as a “Designated Dove Hunting Area”, dove hunting is allowed only from 12 noon to 5 p.m. each day only on those days posted open to dove hunting.

B. Non-toxic shot must be used to hunt dove on the following WMAs:

  (1) Grove Farm; and

  (2) Old Bohemia.

#### Regulation .13 Release of Animals or Plants.

*COMAR 08.03.02.13*

A person may not release any animals or plants on Service controlled lands without a use permit from the Service.

#### Regulation .14 Commercial Enterprise.

*COMAR 08.03.02.14*

A person may not conduct commercial activities on Service controlled lands and waters without a use permit from the Service.

#### Regulation .15 Closed Against Entry.

*COMAR 08.03.02.15*

A. The Service may close, restrict, or limit public access and entry to certain areas of WMAs or other Service controlled lands.

B. The Service shall restrict public access on Service controlled lands and waters by posting the restrictions at appropriate areas.

C. A person may not enter or remain in restricted areas.

D. The Service may remove and place in storage, at the owner’s expense, a vehicle that remains in a restricted area.

#### Regulation .16 Fireworks.

*COMAR 08.03.02.16*

On Service controlled lands and waters, a person may not operate, possess or use:

A. Combustibles;

B. Explosives; or

C. Fireworks.

#### Regulation .17 Geocaching.

*COMAR 08.03.02.17*

On Service controlled lands and waters a person may not place a cache for the purpose of geocaching without a use permit from the Service.

#### Regulation .18 Relics, Treasures, and Metal Detectors.

*COMAR 08.03.02.18*

On Service controlled lands and waters a person must obtain a permit from the Office of Archeology, Maryland Historical Trust, Department of Housing and Community Development, and a use permit from the Service, prior to:

A. Digging for relics and treasures;

B. Removing prehistoric or historic artifacts; or

C. Using metal detectors.

#### Regulation .19 Littering and Dumping.

*COMAR 08.03.02.19*

A. A person may not deposit litter or refuse on Service controlled lands and waters including, but not limited to:

  (1) Animal carcasses;

  (2) Appliances;

  (3) Brush;

  (4) Debris;

  (5) Furniture;

  (6) Garbage;

  (7) Hazardous materials;

  (8) Tires;

  (9) Waste paper;

  (10) Yard waste; or

  (11) Other litter.

B. A person in violation of this regulation, in addition to any other penalty, shall be responsible for the removal and disposal of deposited refuse and any incurred land restoration costs.

#### Regulation .20 Damage to Public Property.

*COMAR 08.03.02.20*

A. A person may not vandalize real property on Service controlled lands including any:

  (1) Blind;

  (2) Building;

  (3) Crop;

  (4) Equipment;

  (5) Gate;

  (6) Habitat;

  (7) Plant;

  (8) Road;

  (9) Sign;

  (10) Trail;

  (11) Vehicle;

  (12) Vessel; or

  (13) Other public property on those lands.

B. A person may not interfere with or hinder any Service employee performing Service related management activities.

C. In addition to any other penalty, a person convicted of violation of this regulation shall be required to reimburse the Service for damages incurred to property listed in §A of this regulation.

#### Regulation .21 Grazing.

*COMAR 08.03.02.21*

On Service controlled lands, except with a use permit from the Service, a person may not graze:

A. Cattle;

B. Goats

C. Horses;

D. Sheep; or

E. Other domestic animals.

#### Regulation .22 Decoys.

*COMAR 08.03.02.22*

On Service controlled lands and waters, decoys shall not be:

A. Placed prior to 1 hour before legal shooting hours;

B. Left set overnight; and

C. Removed any later than 1 hour after legal shooting hours.

#### Regulation .23 Waterfowl Hunting.

*COMAR 08.03.02.23*

A. Subject to the conditions of §B of this regulation, an individual may hunt wild waterfowl from a boat at anchor or while standing on the natural bottom in waters adjacent to the following lands:

  (1) Wildlife Management Areas (WMA);

    (a) Cedar Point WMA excluding the waters of King’s Creek and Goose Creek;

    (b) The portion of Deal Island WMA located north of Maryland Route 363;

    (c) E.A. Vaughn WMA;

    (d) Fairmount WMA;

    (e) Fishing Bay WMA

    (f) Isle of Wight WMA;

    (g) Maryland Marine Properties;

    (h) Nanticoke River WMA;

    (i) Nanjemoy WMA;

    (j) Pocomoke Sound WMA;

    (k) Prather’s Neck WMA;

    (l) South Marsh Island WMA; and

    (m) Taylor’s Island WMA;

  (2) Chesapeake Forest Lands;

    (a) Lewis Complex; and

    (b) Tom Tyler Complex;

  (3) State Parks:

    (a) Calvert Cliffs State Park;

    (b) Chapman State Park;

    (c) Janes Island State Park (excluding safety zone along Daugherty Creek);

    (d) Newtowne Neck State Park excluding the waters of Breton Bay north of channel marker “5”;

    (e) Saint Clements Island State Park;

  (4) Monocacy Natural Resource Management Area (NRMA);

  (5) State Forests: Saint Inigoes State Forest, excluding the waters of Chicken Cock Creek and Smith Creek.

B. Individuals hunting from a boat at anchor or while standing on the natural bottom in waters adjacent to the properties specified in §A of this regulation shall remain:

  (1) At least 250 yards from:

    (a) The property line of any landowners adjoining the specified property, 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; and

    (b) Any licensed stationary blind or blind site or another person or party hunting wild waterfowl;

  (2) At least 125 yards from any licensed shoreline on the opposite shore; and

  (3) Not more than 1/3 the distance from the specified property to the opposite shore or a maximum of 300 yards from the specified property, whichever is less.

C. A person may not guide hunting parties for economic gain on the waters described in §A of this regulation.

D. Waterfowl Hunting in Waters Adjacent to Bloodsworth Island Range.

  (1) An individual may hunt wild waterfowl from a boat at anchor or while standing on the natural bottom at designated sites at Bloodsworth Island Range:

    (a) As delineated on maps filed in the Office of the Secretary of Natural Resources; and

    (b) While possessing a Bloodsworth Island Range Waterfowl Hunting Permit, available from the DNR website. The permit must be signed by the permit holder.

  (2) Violation of the terms and conditions of the permit is a violation of this regulation.

#### Regulation .24 Hunting from Designated Waterfowl Blind Sites.

*COMAR 08.03.02.24*

On Service controlled lands and waters, unless otherwise authorized, a person assigned to hunt at a designated blind or blind site may not:

A. Catch;

B. Hunt;

C. Kill; or

D. Pursue any waterfowl when the person is more than 50 feet away from their designated blind or blind site marked with a stake, except to retrieve crippled waterfowl.

#### Regulation .25 Erection of Duck Blinds off Public Lands.

*COMAR 08.03.02.25*

A. A person may not license a blind or blind site within 300 yards from the natural shore:

  (1) In waters adjacent to Service controlled lands;

  (2) Within the boundary of Assateague Island National Seashore; or

  (3) Within the boundary of Chesapeake Marshlands National Wildlife Refuge Complex.

B. The Assateague Island National Seashore restriction shall not apply on lands owned by the National Park Service currently under private hunting retention by former owners as provided under §(d) of Public Law 89-195 enacted September 21, 1965.

C. Unless otherwise prohibited by Area rules or regulations, a person may hunt waterfowl on Service controlled lands and waters from:

  (1) Land; or

  (2) Floating craft, except a sinkbox, including those craft propelled by:

    (a) Motor when the motor of the craft has been completely shut off and its progress from the motor has ceased; or

    (b) Wind with the sails furled and its progress from wind and sail has ceased.

D. The craft in §C(2) of this regulation may be:

  (1) Beached;

  (2) Drifting;

  (3) Moored;

  (4) Propelled by:

    (a) Oars,

    (b) Paddle; or

    (c) Pole; or

  (5) Resting at anchor.

#### Regulation .26 Use of Watercraft.

*COMAR 08.03.02.26*

A. A person shall not operate a vessel using an electric motor exceeding 60 pounds of thrust or a gasoline engine on:

  (1) Blair’s Valley Lake at Indian Springs WMA; and

  (2) All ponds at Myrtle Grove WMA.

B. A person shall not operate a motorized vessel other than those powered by electric motors between October 1 and March 31, except with the written permission of the Service on:

  (1) Deal Island WMA impoundment; and

  (2) Fairmount WMA impoundments.

#### Regulation .27 Permit Hunting Areas.

*COMAR 08.03.02.27*

A. A public hunting permit or registration is required to hunt on the permit hunting areas listed in §§B—D of this regulation.

B. Wildlife Management Areas.

  (1) During the migratory Canada goose and spring turkey seasons, a person may not hunt without a valid public hunting permit from the service on the Millington WMA.

  (2) From September 1 to February 28 and during spring turkey season, a person may not enter or hunt on the following WMAs without a valid public hunting permit from the Service:

    (a) Avondale;

    (b) Bowen;

    (c) Earleville;

    (d) Gwynnbrook;

    (e) Hugg-Thomas;

    (f) McIntosh Run; and

    (g) Strider.

  (3) From September 1 to February 28 and during spring turkey season, a person may not hunt without a valid public hunting permit from the Service on the following WMAs:

    (a) Grove Farm; and

    (b) Old Bohemia.

  (4) A person may not hunt from a designated blind or blind site without a valid public hunting permit on the following WMAs:

    (a) Bowen;

    (b) Cedar Point;

    (c) Chicamuxen;

    (d) Nanjemoy;

    (e) Nanjemoy Creek; and

    (f) Riverside.

C. Cooperative Wildlife Management Areas.

  (1) A person may only hunt on a CWMA controlled by the Service when consistent with any restrictions posted on the property or described in the public hunting permit.

  (2) A person may not enter or hunt on C&D Canal lands controlled by the Service without a valid public hunting permit from the Service, including areas known as:

    (a) Bethel;

    (b) Courthouse Point;

    (c) Elk Forest;

    (d) Grove Neck Sanctuary;

    (e) Stemmers Run; and

    (f) Welch Point.

D. A person may not hunt on a Natural Resource Management Areas (NRMA) controlled by the Service unless done consistent with any restrictions or as otherwise posted on the property or described in the public hunting permit.

E. The Service may suspend or revoke a permit if the permittee fails to comply with the terms and conditions of the permit or otherwise violates any wildlife law, or regulation in accordance with Natural Resources Article, §10-808, Annotated Code of Maryland.

F. Violations of any provision of the public hunting permit shall constitute a violation of this regulation.

#### Regulation .28 Hunting Restrictions on Certain Wildlife Management Areas.

*COMAR 08.03.02.28*

A. Deer may be hunted only with archery equipment on the following WMAs:

  (1) Cheltenham;

  (2) Gravel Hill Swamp;

  (3) Johnson WMA; and

  (4) Ridenour Swamp.

B. The following WMAs are open to archery hunting only:

  (1) Gwynnbrook; and

  (2) Strider.

C. Deer may be hunted only with archery equipment on that portion of Prathers Neck WMA consisting of approximately 11 acres of land lying south of Ankeney Lane and approximately 0.2 mile west of the intersection of Hart Road and Ankeney Lane in Washington County, Maryland.

D. Breech loading rifles may not be used on the C&D Canal Lands.

E. Deal Island and Fairmount WMA Impoundments.

  (1) Hunting within the Deal Island WMA impoundment is allowed on the following days:

    (a) Federally-designated Youth, Veteran and Military Waterfowl Hunting Days;

    (b) Any day during the September Canada goose season; and

    (c) Any of the following days during the regular duck hunting season, provided that the hunter first obtains a permit from the Service:

      (i) Opening day and any Saturday during the October portion of the regular duck hunting season;

      (ii) Opening day, any Saturday, and the Friday following Thanksgiving during the November portion of the regular duck hunting season; and

      (iii) Opening day and any Saturday during the December portion of the regular duck hunting season and any Wednesday and Saturday during the January portion of the regular duck hunting season.

  (2) Hunting within the Fairmount WMA impoundments is allowed as follows:

    (a) Any day during the September teal hunting season;

    (b) Any day during the September Canada goose season;

    (c) On federally-designated Youth, Veteran and Military Waterfowl Hunting Days;

    (d) On the following days during the regular duck hunting season, subject to §B(2)(d)(iv)of this regulation:

      (i) Opening day and any Saturday during the October portion of the regular duck hunting season;

      (ii) Opening day, any Saturday, and the Friday following Thanksgiving during the November portion of the regular duck hunting season; and

      (iii) Opening day and any Saturday during the December portion of the regular duck hunting season and any Wednesday and Saturday during the January portion of the regular duck hunting season.

      (iv) On the opening day of each segment of the regular duck hunting season, a person may not hunt within the managed impoundments of Fairmount WMA unless the person first obtains a permit from the Service.

  (3) All hunters shall be off the waters and dikes of the impoundments between 1-1/2 hours after sunset and 2-1/2 hours prior to sunrise.

F. Squirrels may not be hunted on LeCompte WMA.

G. Quail may not be hunted on Millington WMA.

H. Only waterfowl and rails may be hunted on Bowen WMA.

I. Only deer and dove may be hunted on Cheltenham WMA.

#### Regulation .29 Closing Against Entry — Frederick City Watershed.

*COMAR 08.03.02.29*

A. A person or vehicle may not enter, go upon, or remain upon the lands of the Frederick City Watershed CWMA after the posted hours without a use permit from the Service.

B. A permit is not required during the normal posted hours.

#### Regulation .30 Designated Shooting Range Permits — Wildlife Management Area Lands.

*COMAR 08.03.02.30*

A. An individual desiring to target shoot on Wildlife Management Area lands shall first obtain a permit from the Service. A permit is valid for any designated shooting range on Wildlife Management Area lands.

B. Permit fees are:

  (1) $5 for a resident or nonresident individual younger than 18 years old;

  (2) $20 for a resident individual 18 years old or older;

  (3) $10 for an individual who possesses a current, valid Maryland hunting license;

  (4) $5 for a one-day pass regardless of residency; and

  (5) $25 for a nonresident 18 years old or older.

C. A permit is valid from date of issue to December 31 of each year.

D. An individual under 18 years old shall produce a Certificate of Competency and Hunter Safety pursuant to Natural Resources Article, §10-301.1, Annotated Code of Maryland, before being issued a shooting range permit.

E. A permit is nontransferable.

F. The Director may grant exemptions from the permit and fee requirements for Service-sanctioned events.

G. The following apply at a designated shooting range:

  (1) The number of shooters using a range may not exceed the posted range capacity.

  (2) The possession, use, or consumption of alcoholic beverages or drugs, and any person under the influence of alcohol or drugs, is prohibited at a range at all times.

  (3) Shooting is permitted at paper targets only. Targets may not be placed on any portion of the baffle structure, and shall be located 3 to 4 feet from ground level.

  (4) Automatic weapons are not permitted at any time.

  (5) A person is not permitted on the shooting range outside the hours of use posted at the range.

  (6) An individual under 18 years old shall be accompanied by an adult while shooting.

### Chapter 03 — Open Seasons, Bag Limits for Game Birds and Game Animals

**Authority:** Natural Resources Article, §§10-205, 10-301, 10-405—10-410, 10-415, Annotated Code of Maryland;Ch.267, Acts of 2005

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 were previously codified as Regulation .13A—E, G, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01.

**Administrative History:** Regulation .01 amended effective June 30, 1986 (13:13 Md. R. 1488)

**Administrative History:** Regulation .01D amended and E adopted effective August 15, 1994 (21:16 Md. R. 1381)

**Administrative History:** Regulation .01E amended effective June 3, 1996 (23:11 Md. R. 809)

**Administrative History:** Regulations .03—.05 amended effective June 3, 1985 (12:11 Md. R. 1047); July 29, 1985 (12:15 Md. R. 1512); June 26, 1989 (16:12 Md. R. 1333)

**Administrative History:** Regulation .03D amended effective June 30, 1986 (13:13 Md. R. 1488); September 19, 1988 (15:19 Md. R. 2245); March 20, 1989 (16:5 Md. R. 627); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .03E amended as an emergency provision effective October 5, 1990 (17:22 Md. R. 2653); amended permanently effective January 7, 1991 (17:26 Md. R. 2974)

**Administrative History:** Regulation .03F amended effective June 30, 1986 (13:13 Md. R. 1488); September 19, 1988 (15:19 Md. R. 2245); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .03G amended effective June 30, 1986 (13:13 Md. R. 1488); September 19, 1988 (15:19 Md. R. 2245); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .03G amended as an emergency provision effective October 21, 1988 (15:24 Md. R. 2765); emergency status expired December 3, 1988

**Administrative History:** Regulation .03H amended effective June 30, 1986 (13:13 Md. R. 1488); September 7, 1987 (14:18 Md. R. 1964); September 19, 1988 (15:19 Md. R. 2245); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .03I amended effective September 19, 1988 (15:19 Md. R. 2245)

**Administrative History:** Regulation .03K adopted as an emergency provision effective October 4, 1985 (12:22 Md. R. 2099); emergency status expired January 24, 1986

**Administrative History:** Regulation .03K adopted effective December 16, 1985 (12:25 Md. R. 2471)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .03 amended effective August 31, 1992 (19:17 Md. R. 1606); August 16, 1993 (20:16 Md. R. 1276); August 15, 1994 (21:16 Md. R. 1381); August 28, 1995 (22:17 Md. R. 1317)

**Administrative History:** Regulation .03 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 28)

**Administrative History:** Regulation .03B amended effective October 6, 1997 (24:20 Md. R. 1402)

**Administrative History:** Regulation .03O adopted as an emergency provision effective January 1, 1997 (24:2 Md. R. 113); emergency status expired January 12, 1997

**Administrative History:** Regulation .03O adopted as an emergency provision effective January 8, 1998 (25:2 Md. R. 72); emergency status expired January 11, 1998 (Emergency provisions are temporary and not printed in COMAR)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted as an emergency provision effective August 14, 1998 (25:18 Md. R. 1430); adopted permanently effective November 2, 1998 (25:22 Md. R. 1651)

**Administrative History:** Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1147); August 21, 2000 (27:16 Md. R. 1521)

**Administrative History:** Regulation .04 amended effective May 18, 1987 (14:10 Md. R. 1170)

**Administrative History:** Regulation .04A—D amended effective September 19, 1988 (15:19 Md. R. 2245); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .04G amended effective July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .04 amended effective August 31, 1992 (19:17 Md. R. 1606); August 16, 1993 (20:16 Md. R. 1276); August 15, 1994 (21:16 Md. R. 1381); August 28, 1995 (22:17 Md. R. 1317)

**Administrative History:** Regulation .04 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 28)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted as an emergency provision effective August 14, 1998 (25:18 Md. R. 1430); adopted permanently effective November 2, 1998 (25:22 Md. R. 1651)

**Administrative History:** Regulation .04 amended effective July 26, 1999 (26:15 Md. R. 1147); August 21, 2000 (27:16 Md. R. 1521)

**Administrative History:** Regulation .05A amended effective May 18, 1987 (14:10 Md. R. 1170); September 19, 1988 (15:19 Md. R. 2245); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .05A-1 amended effective July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .05B amended effective September 19, 1988 (15:19 Md. R. 2245); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .05C amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2467); emergency status expired March 31, 1986

**Administrative History:** Regulation .05C amended effective June 30, 1986 (13:13 Md. R. 1488); September 19, 1988 (15:19 Md. R. 2245)

**Administrative History:** Regulation .05D amended effective June 30, 1986 (13:13 Md. R. 1488); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .05E amended effective November 3, 1986 (13:22 Md. R. 2395)

**Administrative History:** Regulation .05F amended effective September 19, 1988 (15:19 Md. R. 2245)

**Administrative History:** Regulation .05G amended effective May 18, 1987 (14:10 Md. R. 1170); July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .05 amended effective August 31, 1992 (19:17 Md. R. 1606); November 9, 1992 (19:22 Md. R. 1988); August 16, 1993 (20:16 Md. R. 1276); August 15, 1994 (21:16 Md. R. 1381); August 28, 1995 (22:17 Md. R. 1317)

**Administrative History:** Regulation .05 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 28)

**Administrative History:** Regulation .05B, C amended effective October 6, 1997 (24:20 Md. R. 1402)

**Administrative History:** Regulation .05C amended as an emergency provision effective March 11, 1994 (21:7 Md. R. 528); emergency status expired May 10, 1994

**Administrative History:** Regulation .05C amended and C-1 adopted as an emergency provision effective February 27, 1996 (23:6 Md. R. 469); emergency status expired August 27, 1996

**Administrative History:** Regulation .05G adopted as an emergency provision effective September 6, 1991 (18:19 Md. R. 2094); adopted permanently effective December 23, 1991 (18:25 Md. R. 2749)

**Administrative History:** Regulation .05J adopted effective June 3, 1996 (23:11 Md. R. 809)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted as an emergency provision effective August 14, 1998 (25:18 Md. R. 1430); adopted permanently effective November 2, 1998 (25:22 Md. R. 1651)

**Administrative History:** Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1147); August 21, 2000 (27:16 Md. R. 1521)

**Administrative History:** Regulation .06 repealed effective June 30, 1986 (13:13 Md. R. 1488)

**Administrative History:** Regulations .06—.08 adopted as an emergency provision effective September 15, 1998 (25:21 Md. R. 1570); adopted permanently effective December 28, 1998 (25:26 Md. R. 1919)

**Administrative History:** Regulations .01—.06 repealed and new Regulations .01—.06 adopted effective August 19, 2002 (29:16 Md. R. 1287)

**Administrative History:** Regulation .01D amended effective August 18, 2003 (30:16 Md. R. 1074); October 1, 2005 (32:16 Md. R. 1391); October 1, 2006 (33:17 Md. R. 1436); September 24, 2007 (34:19 Md. R. 1649); August 11, 2008 (35:16 Md. R. 1390); September 21, 2009 (36:19 Md. R. 1435)

**Administrative History:** Regulation .03 amended effective August 30, 2004 (31:17 Md. R. 1311); July 17, 2006 (33:14 Md. R. 1162)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective July 17, 2008 (35:14 Md. R. 1245)

**Administrative History:** Regulation .03F amended effective September 27, 2004 (31:19 Md. R. 1430)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .04 amended effective July 17, 2006 (33:14 Md. R. 1162)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective July 17, 2008 (35:14 Md. R. 1245)

**Administrative History:** Regulation .05D, J amended effective January 20, 2003 (30:1 Md. R. 24); November 10, 2003 (30:22 Md. R. 1578)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective July 17, 2006 (33:14 Md. R. 1162)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective July 17, 2008 (35:14 Md. R. 1245)

**Administrative History:** Regulation .06 amended effective August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .07 amended effective July 26, 1999 (26:15 Md. R. 1147); August 21, 2000 (27:16 Md. R. 1521); September 3, 2001 (28:17 Md. R. 1555)

**Administrative History:** Regulation .07 amended as an emergency provision effective September 14, 1999 (26:21 Md. R. 1625); emergency status expired March 11, 2000

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective September 2, 2002 (29:17 Md. R. 1379)

**Administrative History:** Regulation .07 amended effective July 17, 2006 (33:14 Md. R. 1162)

**Administrative History:** Regulation .07C amended as an emergency provision effective October 31, 2002 (29:23 Md. R. 1806); emergency status expired November 2, 2002

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective July 17, 2008 (35:14 Md. R. 1245)

**Administrative History:** Regulation .07A amended effective August 15, 2005 (32:16 Md. R. 1391)

**Administrative History:** Regulation .08 amended effective July 26, 1999 (26:15 Md. R. 1147); August 21, 2000 (27:16 Md. R. 1521)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective September 2, 2002 (29:17 Md. R. 1379)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .08 amended effective July 17, 2006 (33:14 Md. R. 1162)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective July 17, 2008 (35:14 Md. R. 1245)

**Administrative History:** Chapter revised effective August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .01D amended effective October 3, 2011 (38:20 Md. R. 1201)

**Administrative History:** Regulation .07B, C amended effective October 3, 2011 (38:20 Md. R. 1201)

**Administrative History:** Regulation .08C, E amended effective October 3, 2011 (38:20 Md. R. 1201)

**Administrative History:** Chapter revised effective August 6, 2012 (39:15 Md. R. 963)

**Administrative History:** Regulation .01 amended effective November 24, 2014 (41:23 Md. R. 1371)

**Administrative History:** Regulation .01D amended as an emergency provision effective October 1, 2013 (40:21 Md. R. 1771); amended permanently effective November 25, 2013 (40:23 Md. R. 1932); August 15, 2016 (43:16 Md. R. 899); September 11, 2017 (44:18 Md. R. 864)

**Administrative History:** Regulation .01D, G amended effective August 31, 2015 (42:17 Md. R. 1110); August 13, 2018 (45:16 Md. R. 774); August 26, 2019 (46:17 Md. R. 725)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective August 18, 2014 (41:16 Md. R. 944); August 15, 2016 (43:16 Md. R. 899); August 13, 2018 (45:16 Md. R. 774); August 10, 2020 (47:16 Md. R. 737)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective August 18, 2014 (41:16 Md. R. 944); August 15, 2016 (43:16 Md. R. 899); August 13, 2018 (45:16 Md. R. 774); August 10, 2020 (47:16 Md. R. 737)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective August 18, 2014 (41:16 Md. R. 944); August 15, 2016 (43:16 Md. R. 899); August 13, 2018 (45:16 Md. R. 774); August 10, 2020 (47:16 Md. R. 737)

**Administrative History:** Regulation .05A, H amended effective September 11, 2017 (44:18 Md. R. 864)

**Administrative History:** Regulation .06A amended effective October 12, 2015 (42:20 Md. R. 1263)

**Administrative History:** Regulation .06B amended effective August 13, 2018 (45:16 Md. R. 775)

**Administrative History:** Regulation .07 amended as an emergency provision effective October 1, 2013 (40:21 Md. R. 1771); amended permanently effective November 25, 2013 (40:23 Md. R. 1932)

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective August 18, 2014 (41:16 Md. R. 944); August 15, 2016 (43:16 Md. R. 899); August 13, 2018 (45:16 Md. R. 774); August 10, 2020 (47:16 Md. R. 737)

**Administrative History:** Regulation .07B, E amended effective August 31, 2015 (42:17 Md. R. 1110)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective August 18, 2014 (41:16 Md. R. 944); August 15, 2016 (43:16 Md. R. 899); August 13, 2018 (45:16 Md. R. 774); August 10, 2020 (47:16 Md. R. 737)

**Administrative History:** Regulation .08D amended as an emergency provision effective October 1, 2013 (40:21 Md. R. 1771); amended permanently effective November 25, 2013 (40:23 Md. R. 1932)

**Administrative History:** Regulation .01D amended effective January 9, 2023 (49:27 Md. R. 1110)

**Administrative History:** Regulation .01 D, G amended effective September 4, 2023 (50:17 Md. R. 769)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective August 8, 2022 (49:16 Md. R. 758);

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .01 D, G amended effective October 14, 2024 (51:20 Md. R. 898)

**Administrative History:** Regulation .01G amended effective December 22, 2025 (52:25 Md. R. 1268)

**Administrative History:** Regulation .03 repealed and new Regulation .03 adopted effective October 14, 2024 (51:20 Md. R. 898)

**Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective October 14, 2024 (51:20 Md. R. 898)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective October 14, 2024 (51:20 Md. R. 898)

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective October 14, 2024 (51:20 Md. R. 898)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective October 14, 2024 (51:20 Md. R. 898)

#### Regulation .01 Bag Limits and Possession Limits.

*COMAR 08.03.03.01*

A. The seasons, bag limits, and possession limits for game birds and mammals shall be in accordance with the schedule provided in this chapter.

B. A person may possess only 1 day's bag limit while hunting in the field.

C. A person may not exceed or attempt to exceed the bag limits on game birds and mammals as set forth in schedules pursuant to this chapter.

D. Hunting on Sunday.

  (1) Except as provided in §D(2) of this regulation, an individual may not hunt any game bird or game mammal on Sunday.

  (2) An individual may hunt on Sunday, if the individual is:

    (a) Using State certified raptors to hunt game birds or mammals during an open season;

    (b) An unarmed participant in an organized fox chase;

    (c) Hunting pen-reared game birds on a regulated shooting ground in accordance with the provisions of Natural Resources Article, §§10-410(a) and 10-906, Annotated Code of Maryland;

    (d) Shooting white-tailed or sika deer under the authority of a Deer Management Permit as described in COMAR 08.03.04.02;

    (e) Hunting white-tailed or sika deer on private property as described in Regulations .07 and .08 of this chapter:

      (i) On the first Sunday in November during the deer bow season and the first Sunday of the deer firearms season in Anne Arundel County;

      (ii) On the last three Sundays in October and the first two Sundays in November during the deer bow season and all Sundays during the deer firearms season in Harford County;

      (iii) On all Sundays during the deer bow season in October and November, the last Sunday in December during the deer bow season, the first two Sundays in January during the deer bow season, all Sundays in December during the deer muzzleloader season, and all Sundays in the deer firearms season in Carroll County; and

      (iv) 16 years of age or younger when participating in the Junior Deer Hunt on private lands only in Anne Arundel, Calvert, Caroline, Carroll, Charles, Dorchester, Harford, Kent, Montgomery, Queen Anne’s, Somerset, and Talbot counties;

    (f) 16 years of age or younger when participating in the Junior Deer Hunt on private property in Allegany, Frederick, Cecil, Garrett, St. Mary’s, Washington, Wicomico, and Worcester counties or a designated Natural Heritage Area, Wildlife Management Area, Cooperative Wildlife Management Area, State Forest, Fishery Management Area, or other designated public hunting area listed in §G of this regulation;

    (g) Hunting deer on private property or a designated Natural Heritage Area, Wildlife Management Area, Cooperative Wildlife Management Area, State Forest, Fishery Management Area, or other designated public hunting area listed in §G of this regulation on all Sundays in September, October, November, and January during the deer bow season, the last Sunday in December during the deer bow season, all Sundays in December during the deer muzzleloader season, and all Sundays in the deer firearms season in Allegany, Cecil, Garrett, St. Mary’s, and Washington counties;

    (h) Hunting deer on private property or a designated Natural Heritage Area, Wildlife Management Area, State Forest, or Fishery Management Area listed in §G of this regulation on all Sundays during the deer bow season in October and November, the last Sunday in December during the deer bow season, the first two Sundays in January during the deer bow season, all Sundays in December during the deer muzzleloader season, and all Sundays in the deer firearms season in Frederick County;

    (i) Hunting deer on private property in Kent County:

      (i) From 30 minutes before sunrise to 30 minutes after sunset on all Sundays in September, October, November, and January during the deer bow season, the last Sunday in December during the deer bow season, all Sundays in December during the deer muzzleloader season, and the first Sunday in the deer firearms season; and

      (ii) From 30 minutes before sunrise to 10:30 a.m. on the second and any subsequent Sunday during the deer firearms season;

    (j) Hunting deer on private property in Montgomery County:

      (i) From 30 minutes before sunrise to 30 minutes after sunset on the first Sunday in November during the deer bow season and the first Sunday in the deer firearms season; and

      (ii) Except as provided in §D(2)(j)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season, the last Sunday in December during the deer bow season, all Sundays in December during the deer muzzleloader season, and the second and any subsequent Sunday during the deer firearms season;

    (k) Hunting deer on private property or a designated Natural Heritage Area, Wildlife Management Area, State Forest, or Fishery Management Area listed in §G of this regulation in Wicomico County:

      (i) From 30 minutes before sunrise to 30 minutes after sunset on the last three Sundays in October and the first two Sundays in November during the deer bow season and the first Sunday in the deer firearms season; and

      (ii) Except as provided in §D(2)(k)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season, the last Sunday in December during the deer bow season, all Sundays in December during the deer muzzleloader season, and the second and any subsequent Sunday during the deer firearms season;

    (l) Hunting deer on private property in Talbot County:

      (i) From 30 minutes before sunrise to 30 minutes after sunset on the last three Sundays in October and the first two Sundays in November during the deer bow season and the first Sunday of the deer firearms season; and

      (ii) Except as provided in §D(2)(l)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season, the last Sunday in December during the deer bow season, all Sundays in December during the deer muzzleloader season, and the second and any subsequent Sunday during the deer firearms season;

    (m) Hunting deer on private property in Calvert, Caroline, Charles, and Queen Anne’s counties:

      (i) From 30 minutes before sunrise to 30 minutes after sunset on the last three Sundays in October and the first two Sundays in November during the deer bow season and all Sundays during the deer firearms season; and

      (ii) Except as provided in §D(2)(m)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season, the last Sunday in December during the deer bow season, and all Sundays in December during the deer muzzleloader season;

    (n) Hunting deer on private property in Dorchester County:

      (i) From 30 minutes before sunrise to 30 minutes after sunset on all Sundays during the deer bow season in October and November, the last Sunday in December during the deer bow season, the first two Sundays in January during the deer bow season, all Sundays in December during the deer muzzleloader season, and the first three Sundays during the deer firearms season; and

      (ii) Except as provided in §D(2)(n)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September and January during the deer bow season;

    (o) Hunting deer on private property or public land leased to hunt clubs in Somerset County:

      (i) From 30 minutes before sunrise to 30 minutes after sunset on the last three Sundays in October and the first two Sundays in November during the deer bow season and all Sundays during the deer firearms season; and

      (ii) Except as provided in §D(2)(o)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season, the last Sunday in December during the deer bow season, and all Sundays in December during the deer muzzleloader season;

    (p) Hunting deer on private property or a designated Natural Heritage Area, Wildlife Management Area, State Forest, or Fishery Management Area listed in §G of this regulation in Worcester County:

      (i) From 30 minutes before sunrise to 30 minutes after sunset on the last three Sundays in October and the first two Sundays in November during the deer bow season and all Sundays during the deer firearms season; and

      (ii) Except as provided in §D(2)(p)(i) of this regulation, from 30 minutes before sunrise to 10:30 a.m. on all Sundays in September, October, November, and January during the deer bow season, the last Sunday in December during the deer bow season, and all Sundays in December during the deer muzzleloader season;

    (q) Hunting wild turkeys as described in Regulation .03 of this chapter on private property on any Sunday during the Junior Hunt and spring season in Calvert, Caroline, Carroll, Charles, Kent, and Queen Anne’s counties;

    (r) Hunting wild turkeys as described in Regulation .03 of this chapter on private property or a designated Natural Heritage Area, Wildlife Management Area, State Forest, or Fishery Management Area listed in §G of this regulation on any Sunday during the Junior Hunt and spring season in Dorchester County;

    (s) Hunting any game mammal or any game bird, except deer, migratory game birds or wetland game birds, in Allegany, Cecil, Garrett, St. Mary’s, and Washington counties on private property or a designated Natural Heritage Area, Wildlife Management Area, Cooperative Wildlife Management Area, State Forest, Fishery Management Area, or other designated public hunting area listed in §G of this regulation during the open seasons for those game animals;

    (t) Hunting any game mammal or any game bird, except deer, turkey, migratory game birds or wetland game birds, in Calvert, Caroline, Charles, Dorchester, and Queen Anne’s counties on private property from 30 minutes before sunrise to 10:30 a.m. during the open seasons for those game animals;

    (u) Hunting any game mammal or any game bird, except deer, migratory game birds or wetland game birds, in Somerset County on private property or public land leased to hunt clubs from 30 minutes before sunrise to 10:30 a.m. during the open seasons for those game animals;

    (v) Hunting any game mammal or any game bird, except deer, migratory game birds or wetland game birds, in Wicomico and Worcester counties on private property or a designated Natural Heritage Area, Wildlife Management Area, State Forest, or Fishery Management Area listed in §G of this regulation from 30 minutes before sunrise to 10:30 a.m. during the open seasons for those game animals; and

    (w) Hunting any game mammal or any game bird, except deer, migratory game birds or wetland game birds, in Talbot County on private property from 30 minutes before sunrise to 10:30 a.m. during the open seasons for those game animals.

E. Except as provided in §F of this regulation, when opening dates fall on Sunday, the actual opening date will be the Saturday immediately preceding it and when closing dates fall on Sunday, the actual closing date will be the Saturday immediately preceding it.

F. The open seasons for muskrat, mink, and coyote are established by Natural Resources Article, §10-406, Annotated Code of Maryland.

G. The Natural Heritage Areas, Wildlife Management Areas, Cooperative Wildlife Management Areas, State Forests, Fishery Management Areas, and other public hunting areas designated for Sunday hunting in accordance with §D of this regulation are as follows:

  (1) Billmeyer-Belle Grove WMA;

  (2) C&D Canal Lands;

  (3) Chesapeake Forest Lands;

  (4) Cunningham Swamp WMA;

  (5) Dan’s Mountain WMA;

  (6) E. A. Vaughn WMA;

  (7) Earleville WMA;

  (8) Ellis Bay WMA;

  (9) Fishing Bay WMA;

  (10) Garrett State Forest;

  (11) Green Ridge State Forest;

  (12) Grove Farm WMA;

  (13) Hickory Point Natural Heritage Area;

  (14) Indian Springs WMA;

  (15) Isle of Wight WMA;

  (16) Johnson WMA;

  (17) LeCompte WMA;

  (18) Linkwood WMA;

  (19) Mount Nebo WMA;

  (20) McCoole Fishery Management Area;

  (21) Nanticoke WMA;

  (22) Old Bohemia WMA;

  (23) Pocomoke State Forest;

  (24) Pocomoke River WMA;

  (25) Potomac State Forest;

  (26) Prather's Neck WMA;

  (27) St. Inigoes State Forest;

  (28) Salem State Forest;

  (29) Savage River State Forest;

  (30) Sideling Hill WMA;

  (31) Sinepuxent Islands WMA;

  (32) Taylor’s Island WMA;

  (33) Warrior Mountain WMA; and

  (34) Wetipquin WMA

#### Regulation .02 Migratory Game Birds.

*COMAR 08.03.03.02*

Wildlife Species
            Open Season
            Bag Limit
            Possession Limit
          
        
        
          
            Railbirds (sora, other rails and gallinules), coots, ducks, geese, common snipe, brant, mourning dove, and woodcock
            Seasons, bag limits, and possession limits for migratory game birds conform to regulations adopted by the Secretary of the Interior.

#### Regulation .03 Forest Game.

*COMAR 08.03.03.03*

Species
            Open Season, Subject to Regulation .01D of This Chapter
            Location
            Bag Limits
            Possession Limit
          
        
        
          
            A. Black Bear (Permit Required).
            October 21, 2024 — October 26, 2024October 20, 2025 — October 25, 2025
            In Allegany, Frederick, Garrett, and Washington counties
            1 per day with no more than 1 per permitted bear hunting team
            1 per season with no more than 1 per permitted bear hunting team
          
          
            B. Ruffed Grouse.
          
          
            (1) In General.
            October 5, 2024 — December 31, 2024October 4, 2025 — December 31, 2025
            In all counties
            2 per day
            4
          
          
            (2) Hunting with the Aid of Raptors and a Falconry Permit.
            October 1, 2024 — March 31, 2025October 1, 2025 —March 31, 2026
            In all counties
            2 per day
            4
          
          
            C. Black, Eastern Fox, Gray, Piney, or Red Squirrel Total.
          
          
            (1) In General.
            September 2, 2024 — February 28, 2025September 1, 2025 — February 28, 2026
            In all counties
            6 per day
            12
          
          
            (2) Hunting with the Aid of Raptors and a Falconry Permit.
            September 1, 2024 — March 31, 2025September 1, 2025 — March 31, 2026
            In all counties
            6 per day
            12
          
          
            D. Delmarva Fox Squirrel.
            Closed season
            In all counties
            0
            0
          
          
            E. Wild Turkey.
          
          
            (1) Fall Season Either Sex.
            November 2, 2024 — November 10, 2024November 1, 2025 —November 9, 2025
            Allegany, Garrett, and Washington counties only
            1 turkey per season
            1 turkey either sex per fall/winter season combined
          
          
            (2) Winter Season Either Sex.
            January 23, 2025 — January 25, 2025January 22, 2026 — January 24, 2026
            In all counties
            1 turkey per season provided none was taken in the fall season
          
          
            (3) Spring Season.
            April 18, 2025 — May 23, 2025April 18, 2026 — May 23, 2026
            In all counties
            1 bearded turkey per day
            2 bearded turkeys per spring season
          
          
            (4) Spring Season Junior Hunt.
            April 12, 2025 — April 13, 2025April 11, 2026 — April 12, 2026
            In all counties
            1 bearded turkey per day

#### Regulation .04 Upland Game.

*COMAR 08.03.03.04*

Species
            Open Season, Subject to Regulation .01D of This Chapter
            Location
            Bag Limits
            Possession Limit
          
        
        
          
            A. Crow.
            August 15 — March 15, hunting allowed Wednesday, Thursday, Friday, and Saturday only
            In all counties
            No limit
            No limit
          
          
            B. Pheasant.
          
          
            (1) In General.
            November 2, 2024 — February 28, 2025November 1, 2025 — February 28, 2026
            In all counties
            2 per day (either sex)
            4
          
          
            (2) Hunting with the Aid of Raptors and a Falconry Permit.
            November 1, 2024 — March 31, 2025November 1, 2025 — March 31, 2026
            In all counties
            2 per day (either sex)
            4
          
          
            C. Quail.
          
          
            (1) Western Zone — Private Land and Lands Owned or Managed by DNR.
            November 2, 2024 — January 15, 2025November 1, 2025 — January 15, 2026
            In that portion of the State west of the Chesapeake Bay and Susquehanna River, excluding Allegany and Garrett counties
            6 per day
            12 in all counties and zones combined
          
          
            (2) Eastern Zone — Private Land.
            November 2, 2024 — January 15, 2025November 1, 2025 — January 15, 2026
            In that portion of the State east of the Chesapeake Bay and Susquehanna River
          
          
            (3) Eastern Zone — Lands Owned or Managed by DNR.
            Closed season
            In that portion of the State east of the Chesapeake Bay and Susquehanna River
            0
            0
          
          
            (4) Allegany and Garrett Counties.
            Closed season
            In Allegany and Garrett counties
            0
            0
          
          
            (5) Hunting with the Aid of Raptors and a Falconry Permit.
            November 1, 2024 — March 31, 2025November 1, 2025 — March 31, 2026
            In all counties, except on lands owned or managed by DNR east of the Chesapeake Bay and Susquehanna River
            4 per day
            8
          
          
            (6) Hunting with the Aid of Raptors and a Falconry Permit on Lands Owned or Managed by DNR.
            Closed season
            In that portion of the State east of the Chesapeake Bay and Susquehanna River
            0
            0
          
          
            D. Rabbits.
          
          
            (1) Eastern Cottontail Rabbit.
            
            
            
            
          
          
            (a) In General.
            November 2, 2024 — February 28, 2025November 1, 2025 — February 28, 2026
            In all counties
            4 per day
            8
          
          
            (b) Hunting with the Aid of Raptors and a Falconry Permit.
            November 1, 2024 — March 31, 2025November 1, 2025 — March 31, 2026
            In all counties
            4 per day
            8
          
          
            (2) Snowshoe Hare.
            Closed season
            In all counties
            0
            0
          
          
            E. Woodchuck.
            August 1 — July 31
            In all counties
            No limit
            No limit

#### Regulation .05 Fur-Bearing Mammals.

*COMAR 08.03.03.05*

Species
            Open Season, subject to COMAR 08.03.03.01D
            Location
            Bag Limits
            Possession Limit
          
        
        
          
            A. Beaver.
            
            
            
            
          
          
            (1) In General.
            December 15, 2024 — March 15, 2025December 15, 2025 — March 15, 2026
            In all counties, except Garrett and Allegany counties
            No limit
            No limit
          
          
            (2) Allegany and Garrett Counties.
            December 1, 2024 — March 15, 2025December 1, 2025 — March 15, 2026
            In Allegany and Garrett counties
            No limit
            No limit
          
          
            B. Bobcat.
            Closed season
            In all counties
            0
            0
          
          
            C. Coyote.
          
          
            (1) Firearms, Archery, and Airgun Hunting.
            August 1 — July 31 (May be hunted day and night)
            In all counties
            No limit
            No limit
          
          
            (2) Trapping.
            November 1, 2024 — February 15, 2025November 1, 2025 — February 15, 2026
            In that portion of the State west of the Chesapeake Bay and Susquehanna River
            No limit
            No limit
          
          
            November 15, 2024 — February 28, 2025November 15, 2025 — February 28, 2026
            In that portion of the State east of the Chesapeake Bay and Susquehanna River
            No limit
            No limit
          
          
            D. Fisher.
            November 1, 2024 — February 1, 2025November 1, 2025 — February 1, 2026
            In all counties
            2 per day
            2 per season
          
          
            E. Fox (Red and Gray) — Firearms, Archery, and Airgun Hunting, and Trapping.
            November 1, 2024 — February 15, 2025November 1, 2025 — February 15, 2026
            In Allegany, Anne Arundel, Baltimore, Calvert, Carroll, Frederick, Garrett, Harford, Howard, Montgomery, Prince George's, St. Mary's, and Washington counties
            No limit
            No limit
          
          
            November 15, 2024 — February 28, 2025November 15, 2025 — February 28, 2026
            In Caroline, Cecil, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester counties
            No limit
            No limit
          
          
            August 1 — July 31
            In Charles and Dorchester counties
            No limit
            No limit
          
          
            F. Muskrat and Mink — Trapping Only.
            November 15, 2024 — February 15, 2025November 15, 2025 — February 15, 2026
            In Allegany, Carroll, Frederick, Garrett, Howard, and Washington counties
            No limit
            No limit
          
          
            December 15, 2024 — March 15, 2025December 15, 2025 — March 15, 2026
            In Baltimore, Cecil, Harford, Kent, Queen Anne's, Somerset, and Worcester counties
            No limit
            No limit
          
          
            January 1, 2025 — March 15, 2025January 1, 2026 — March 15, 2026
            In Anne Arundel, Calvert, Caroline, Charles, Dorchester, Montgomery, Prince George's, St. Mary's, Talbot, and Wicomico counties
            No limit
            No limit
          
          
            G. Nutria.
            August 1 — July 31
            In all counties
            No limit
            No limit
          
          
            H. Otter — Trapping Only.
            
            
            
            
          
          
            (1) In General.
            December 15, 2024 — March 15, 2025December 15, 2025 — March 15, 2026
            In Carroll, Frederick, Howard, Montgomery, and Washington counties
            2 per day
            2 per season
          
          
            In all other counties, except Allegany and Garrett counties
            10 per day
            10 per season
          
          
            (2) Allegany and Garrett Counties.
            December 1, 2024 — March 15, 2025December 1, 2025 — March 15, 2026
            In Allegany and Garrett counties
            1 per day
            1 per season
          
          
            I. Raccoon and Opossum.
          
          
            (1) Chasing — No Kill.
            August 1, 2024 — October 14, 2024March 16, 2025 — July 31, 2025August 1, 2025 — October 14, 2025March 16, 2026 — July 31, 2026
            In all counties
            
            
          
          
            (2) Firearms, Archery, Airgun, and Dog Hunting.
            October 15, 2024 — March 15, 2025October 15, 2025 — March 15, 2026 (May be hunted day and night)
            In all counties
            No limit
            No limit
          
          
            (3) Trapping.
            November 1, 2024 — March 15, 2025November 1, 2025 — March 15, 2026
            In that portion of the State west of the Chesapeake Bay and Susquehanna River
            No limit
            No limit
          
          
            November 15, 2024 — March 15, 2025November 15, 2025 — March 15, 2026
            In that portion of the State east of the Chesapeake Bay and Susquehanna River
            No limit
            No limit
          
          
            J. Skunk.
          
          
            (1) Firearms, Archery, and Airgun Hunting.
            November 1, 2024 — March 15, 2025November 1, 2025 — March 15, 2026
            In all counties
            No limit
            No limit
          
          
            (2) Trapping.
            November 1, 2024 — March 15, 2025November 1, 2025 — March 15, 2026
            In all counties
            No limit
            No limit
          
          
            K. Long-Tailed Weasel — Trapping.
            November 1, 2024 — February 1, 2025November 1, 2025 — February 1, 2026
            In that portion of the State west of the Chesapeake Bay and Susquehanna River
            No limit
            No limit
          
          
            November 15, 2024 — February 15, 2025November 15, 2025 — February 15, 2026
            In that portion of the State east of the Chesapeake Bay and Susquehanna River
            No limit
            No limit

L. On lands owned or controlled by the Department in Caroline, Dorchester, Somerset, Talbot, Wicomico, and Worcester counties, only leaseholders or their appointees may hunt or trap furbearers between November 15 and March 15.

#### Regulation .06 Deer Hunting — General.

*COMAR 08.03.03.06*

A. Regional Management.

  (1) The seasons and bag limits for white-tailed deer are set on a regional basis.

  (2) The two deer management regions are:

    (a) Deer management region A includes Allegany (Zones 1 and 2), Garrett (Zones 1 and 2), and Washington (Zone 2) counties; and

    (b) Deer management region B includes Anne Arundel, Baltimore, Calvert, Caroline, Carroll, Cecil, Charles, Dorchester, Frederick (Zones 1 and 2), Harford, Howard, Kent, Montgomery, Prince George's, Queen Anne's, Somerset, St. Mary's, Talbot, Washington (Zone 1), Wicomico, and Worcester counties and Baltimore City.

  (3) There are four counties with deer management zones as follows:

    (a) Allegany County Zone 1 is that portion of Allegany County from the Washington-Allegany county line west to Town Creek;

    (b) Allegany County Zone 2 is that portion of Allegany County west of Town Creek to the Allegany-Garrett county line;

    (c) Garrett County Zone 1 is that portion of Garrett County from the Allegany-Garrett county line west to a line at Route 40 at the Pennsylvania state boundary line to the junction of Routes 40 and 219 at Keyser's Ridge, then south on Route 219 to Route 135, then east on Route 135 to Route 560, and then south on Route 560 to the Potomac River at Gorman;

    (d) Garrett County Zone 2 is the portion of Garrett County west of a line beginning at Route 40 at the Pennsylvania state boundary line to the junction of Routes 40 and 219, then south on Route 219 to Route 135, then east on Route 135 to Route 560, and then south on Route 560 to the Potomac River at Gorman;

    (e) Washington County Zone 2 is the western portion of Washington County, from the Allegany-Washington county line eastward to a line beginning at the intersection of Route 494 (Pennsylvania Route 75) and the Pennsylvania state boundary line, south on Route 494 to Route 57, south on Route 57 to Route 40 at St. Paul's Church, west on Route 40 to the junction of Big Spring Road and Route 40 in Clear Spring, south on Big Spring Road to the junction of Route 56 at Big Spring, follow Route 56 west to the junction with Charles Mill Road, and then south on Charles Mill Road to the Potomac River;

    (f) Washington County Zone 1 is that portion of Washington County east of a line beginning at the intersection of Route 494 (Pennsylvania Route 75) and the Pennsylvania state line, south on Route 494 to Route 57, south on Route 57 to Route 40 at St. Paul's Church, west on Route 40 to the junction of Big Spring Road and Route 40 in Clear Spring, south on Big Spring Road to the junction of Route 56 at Big Spring, follow Route 56 west to the junction with Charles Mill Road, and then south on Charles Mill Road to the Potomac River;

    (g) Frederick County Zone 1 is all portions of Frederick County except for those in Zone 2 as described in §A(3)(h) of this regulation; and

    (h) Frederick County Zone 2 is that portion of Frederick County west of the Monocacy River beginning where Fingerboard Road crosses the river, then by and with the west side of the Monocacy River to the crossing by Biggs Ford Road, then by and with the south side of Biggs Ford Road to the junction with Route 15, then by and with the west side of Route 15 to the junction with Sundays Lane, then by and with the south side of Sundays Lane to the junction with Bloomfield Road, then by and with the east side of Bloomfield Road to the junction with Opossumtown Pike, then by and with the south side of Opossumtown Pike to the junction with Walter Martz Road, then by and with the east side of Walter Martz Road to the junction with Christopher’s Crossing, then by and with the south side of Christopher’s Crossing to the junction with Walter Martz Road, then by and with the south side of Walter Martz Road to the junction with Rocky Springs Road, then by and with the south and east side of Rocky Springs Road to the junction with Kemp Lane, then by and with the east side of Kemp Lane to the junction with Shookstown Road, then by and with the north side of Shookstown Road to the junction with Bowers Road, then by and with the east side of Bowers Road to the junction West Patrick Street, then by and with the north side of West Patrick Street to the junction with Blentlinger Road, then by and with the east side of Blentlinger Road to the junction with Old National Pike, then by and with the south side of Old National Pike to the junction with Maryland Interstate 70, then by and with the north side of Maryland Interstate 70 to the junction with Route 15, then by and with the east side of Route 15 to the junction with Mt. Zion Road, then by and with the north side of Mt. Zion Road to the junction with Elmer Derr Road, and then by and with the north side of Elmer Derr Road to the junction with New Design Road, then by and with the east side of New Design Road to the junction with Manor Woods Road, then by and with the north side of Manor Woods Road to the junction with Buckystown Pike, then by and with the east side of Buckystown Pike to the junction with Fingerboard Road, and then by and with the north side of Fingerboard Road to the crossing over the Monocacy River.

B. Bonus Antlered Deer Stamps.

  (1) An individual with a hunting license and the appropriate season stamp may purchase a bonus antlered deer stamp which allows the individual to hunt one additional antlered deer per hunting license year in a particular deer management region.

  (2) Pursuant to Natural Resources Article, §10-301, Annotated Code of Maryland, an individual allowed to hunt deer without a license does not need to purchase a bonus antlered deer stamp to take one additional antlered deer per hunting license year in a particular deer management region.

  (3) An individual who purchases a bonus antlered deer stamp may use that stamp during any open season for white-tailed deer in a particular deer management region in the same hunting license year.

  (4) Bonus antlered deer stamps are valid for white-tailed deer only.

  (5) An individual shall purchase a bonus antlered deer stamp before hunting an additional antlered deer.

C. Fallow deer may be hunted in place of white-tailed deer during each season.

#### Regulation .07 White-Tailed Deer.

*COMAR 08.03.03.07*

A. The following lands are owned or controlled by the Department in Region A as defined in Regulation .06A of this chapter:

  (1) Billmeyer-Belle Grove; WMA;

  (2) Cunningham Swamp WMA;

  (3) Dan’s Mountain WMA;

  (4) Deep Creek Lake State Park (designated areas only);

  (5) Green Ridge State Forest;

  (6) Indian Springs WMA;

  (7) McCoole Fishery Management Area;

  (8) Mount Nebo WMA;

  (9) Potomac-Garrett State Forest;

  (10) Prather's Neck WMA;

  (11) Rocky Gap State Park (designated areas only);

  (12) Sang Run State Park (designated areas only);

  (13) Savage River State Forest;

  (14) Sideling Hill WMA;

  (15) Warrior Mountain WMA;

  (16) Woodmont;

  (17) Youghiogheny Reservoir CWMA; and

  (18) Youghiogheny Scenic Wild River.

B. The Suburban Deer Management Zone is defined as the area that encompasses Anne Arundel, Baltimore, Howard, Montgomery, and Prince George’s counties.

F. Use of Primitive Weapons During February Dates.

  (1) A hunter may only use a primitive weapon as defined in COMAR 08.03.01.01B(29) and in accordance with COMAR 08.03.04.05I.

  (2) Hunters may not harvest more than one antlered deer per day within the prescribed bag limit.

  (3) A deer taken with a primitive weapon shall count towards the respective bow or muzzleloader season's bag limits, except in Region A, as defined in Regulation .06A of this chapter, in which one additional antlerless deer may be taken.

G. A hunter may only harvest one antlered deer per license year, including the Bonus antlered deer, that has antlers with fewer than three antler points 1 inch or longer on each antler. Hunters that possess, or are eligible to possess, a Resident or Nonresident Junior Hunting License are exempt from this requirement. Hunters that are 16 years old or younger and possess an Apprentice Hunting License are exempt from this requirement.

H. Bonus Antlered Deer Stamp.

  (1) Before taking a Bonus antlered white-tailed deer, hunters shall first purchase a Bonus Antlered Deer Stamp.

  (2) Persons exempt from needing a hunting license under Natural Resources Article, §10-301(c), Annotated Code of Maryland, do not need to purchase a Bonus Antlered Deer Stamp.

  (3) One Bonus antlered white-tailed deer may be taken per license year, for all seasons combined. The Bonus antlered white-tailed deer may not be taken on the same day that another antlered deer is taken under the prescribed bag limit.

  (4) In accordance with the defined regions in Regulation .06A of this chapter, the Bonus Antlered Deer Stamp may be used in Region A, provided that prior to the use of the Bonus Antlered Deer Stamp:

    (a) No more than two antlered deer were taken Statewide and no more than one antlered deer was taken in Region A; and

    (b) Any previously harvested antlered deer in Region A was taken in a different weapon season than the Bonus deer.

  (5) The Bonus antlered white-tailed deer may be taken in any weapon season except the October muzzleloader season.

#### Regulation .08 Sika Deer.

*COMAR 08.03.03.08*

Season Dates, Subject to Regulation .01D of This Chapter
            Season Bag Limits
          
        
        
          
            A. Archery Season.
          
          
            Statewide.
            September 6, 2024 — October 16, 2024October 20, 2024 (Sunday counties only)October 21, 2024 — November 29, 2024December 16, 2024 — December 20, 2024January 5, 2025 (Sunday counties only)January 6, 2025 — January 9, 2025January 13, 2025 — January 31, 2025February 1, 2025 and February 3, 2025 — February 4, 2025 (use of primitive weapons only, subject to §E of this regulation)September 5, 2025 — October 15, 2025October 19, 2025 (Sunday counties only)October 20, 2025 - November 28, 2025December 15, 2025 - December 19, 2025January 4, 2026 (Sunday counties only)January 5, 2026 — January 8, 2026January 12, 2026 — January 31, 2026February 2, 2026 — February 4, 2026 (use of primitive weapons only, subject to §E of this regulation)
            3 deerNot more than 1 antlered.
          
          
            B. Muzzleloader Season.
          
          
            (1) Region B as Defined in Regulation .06A of This Chapter.
          
          
            Antlerless.
            October 21, 2024 — October 26, 2024October 20, 2025 — October 25, 2025
            3 deerNot more than 1 antlered.
          
          
            (2) Statewide.
          
          
            Antlered or Antlerless.
            October 17, 2024 — October 19, 2024December 21, 2024 — January 4, 2025February 1, 2025 and February 3, 2025 — February 4, 2025 (use of primitive weapons only, subject to §E of this regulation)October 16, 2025 — October 18, 2025December 20, 2025 — January 3, 2026February 2, 2026 — February 4, 2026 (use of primitive weapons only, subject to §E of this regulation)
          
          
            C. Firearms Season.
          
          
            Statewide.
            November 30, 2024 — December 14, 2024January 10, 2025 — January 11, 2025January 12, 2025 (Sunday counties only)November 29, 2025 — December 13, 2025January 9, 2026 — January 10, 2026January 11, 2026 (Sunday counties only)
            3 deerNot more than 1 antlered.
          
          
            D. Junior Deer Hunt.
          
          
            Statewide.
            November 16, 2024November 17, 2024 (Sunday counties only)November 15, 2025November 16, 2025 (Sunday counties only)
            1 antlered or1 antlerless

E. Use of Primitive Weapons During February Dates.

  (1) A hunter may only use a primitive weapon as defined in COMAR 08.03.01.01B(29) and in accordance with COMAR 08.03.04.05I.

  (2) Hunters may not harvest more than one antlered deer per day within the prescribed bag limit.

  (3) A deer taken with a primitive weapon shall count towards the respective bow or muzzleloader season's bag limits, except in Region A, as defined in Regulation .06A of this chapter, in which one additional antlerless deer may be taken.

### Chapter 04 — Forest Wildlife

**Authority:** Natural Resources Article, §§1-104, 10-205, 10-206, 10-301, 10-308, 10-309, 10-404—10-409, 10-415,10-416, 10-418, 10-902, and 10-903; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .02—.05 were previously codified as Regulations .14, .21, .26, and Regulations .06—.10 were previously codified as Regulations .30, .51, .52, .55, and .67, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01.

**Administrative History:** Regulation .01 adopted effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulation .01 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 29)

**Administrative History:** Regulation .01B amended effective July 29, 1985 (12:15 Md. R. 1514); June 30, 1986 (13:13 Md. R. 1489); July 25, 1988 (15:15 Md. R. 1808); June 26, 1989 (16:12 Md. R. 1334); September 2, 1991 (18:17 Md. R. 1917); August 31, 1992 (19:17 Md. R. 1606); August 15, 1994 (21:16 Md. R. 1381)

**Administrative History:** Regulation .01C amended effective June 30, 1986 (13:13 Md. R. 1489); October 19, 1987 (14:21 Md. R. 2222); July 25, 1988 (15:15 Md. R. 1808)

**Administrative History:** Regulation .01D amended effective July 29, 1985 (12:15 Md. R. 1514); July 25, 1988 (15:15 Md. R. 1808)

**Administrative History:** Regulation .01E amended effective August 31, 1992 (19:17 Md. R. 1606)

**Administrative History:** Regulation .01 repealed and new Regulation .01 adopted as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); adopted permanently effective December 28, 1998 (25:26 Md. R. 1920)

**Administrative History:** Regulation .01A amended effective August 7, 2000 (27:15 Md. R. 1400)

**Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective August 19, 2002 (29:16 Md. R. 1287)

**Administrative History:** Regulation .02 amended effective September 2, 1991 (18:17 Md. R. 1917); September 3, 2001 (28:17 Md. R. 1555); March 3, 2003 (30:4 Md. R. 315); December 22, 2014 (41:25 Md. R. 1478); October 12, 2015 (42:20 Md. R. 1263)

**Administrative History:** Regulation .02A amended effective October 19, 2020 (47:21 Md. R. 903)

**Administrative History:** Regulation .02D amended effective June 30, 1986 (13:13 Md. R. 1489); July 25, 1988 (15:15 Md. R. 1808); July 23, 1990 (17:14 Md. R. 1756); August 31, 1992 (19:17 Md. R. 1606)

**Administrative History:** Regulation .02E amended effective August 15, 2005 (32:16 Md. R. 1391); September 25, 2006 (33:19 Md. R. 1558); November 30, 2009 (36:24 Md. R. 1857); August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .02F adopted effective June 30, 1986 (13:13 Md. R. 1489)

**Administrative History:** Regulation .02F amended effective August 15, 2016 (43:16 Md. R. 899); September 11, 2017 (44:18 Md. R. 864); October 8, 2018 (45:20 Md. R. 917); October 19, 2020 (47:21 Md. R. 903)

**Administrative History:** Regulation .02G amended effective September 25, 2006 (33:19 Md. R. 1558); April 5, 2010 (37:7 Md. R. 569); October 8, 2018 (45:20 Md. R. 917)

**Administrative History:** Regulation .02I adopted effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .03 amended effective August 15, 2005 (32:16 Md. R. 1391); October 8, 2018 (45:20 Md. R. 917); October 5, 2020 (47:20 Md. R. 874)

**Administrative History:** Regulation .03B amended effective August 15, 1994 (21:16 Md. R. 1381); August 14, 2006 (33:16 Md. R. 1365); September 11, 2017 (44:18 Md. R. 864)

**Administrative History:** Regulation .03C amended as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); amended permanently effective December 28, 1998 (25:26 Md. R. 1920)

**Administrative History:** Regulation .03E adopted effective August 15, 2016 (43:16 Md. R. 899)

**Administrative History:** Regulation .04 amended effective June 3, 1985 (12:11 Md. R. 1047); September 27, 2004 (31:19 Md. R. 1430); August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .05 adopted effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulation .05 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 29)

**Administrative History:** Regulation .05 amended effective August 23, 2010 (37:17 Md. R. 1184); November 24, 2016 (43:23 Md. R. 1279); August 10, 2020 (47:16 Md. R. 737)

**Administrative History:** Regulation .05A amended effective June 30, 1986 (13:13 Md. R. 1489); September 2, 1991 (18:17 Md. R. 1917); August 18, 2003 (30:16 Md. R. 1704); August 30, 2004 (31:17 Md. R. 1311); September 27, 2004 (31:19 Md. R. 1430); July 17, 2008 (35:14 Md. R. 1245); August 6, 2012 (39:15 Md. R. 963)

**Administrative History:** Regulation .05A amended as an emergency provision effective October 1, 2014 (41:21 Md. R. 1258); emergency status expired February 28, 2015

**Administrative History:** Regulation .05A amended effective August 31, 2015 (42:17 Md. R. 1110)

**Administrative History:** Regulation .05B amended as an emergency provision effective October 4, 1985 (12:22 Md. R. 2099); emergency status expired January 24, 1986

**Administrative History:** Regulation .05B amended effective July 29, 1985 (12:15 Md. R. 1514); June 30, 1986 (13:13 Md. R. 1489); June 26, 1989 (16:12 Md. R. 1334); September 2, 1991 (18:17 Md. R. 1917); August 15, 1994 (21:16 Md. R. 1381); October 6, 1997 (24:20 Md. R. 1402); August 7, 2000 (27:15 Md. R. 1400); August 19, 2002 (29:16 Md. R. 1287); August 30, 2004 (31:17 Md. R. 1311): September 27, 2004 (31:19 Md. R. 1430)

**Administrative History:** Regulation .05B amended as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); amended permanently effective December 28, 1998 (25:26 Md. R. 1920)

**Administrative History:** Regulation .05B amended effective September 11, 2017 (44:18 Md. R. 864)

**Administrative History:** Regulation .05C amended effective July 29, 1985 (12:15 Md. R. 1514); May 18, 1987 (14:10 Md. R. 1170); July 25, 1988 (15:15 Md. R. 1808); September 2, 1991 (18:17 Md. R. 1917); August 15, 2016 (43:16 Md. R. 899)

**Administrative History:** Regulation .05D adopted effective June 30, 1986 (13:13 Md. R. 1489)

**Administrative History:** Regulation .05D amended as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); amended permanently effective December 28, 1998 (25:26 Md. R. 1920)

**Administrative History:** Regulation .05D amended effective October 12, 2015 (42:20 Md. R. 1264); August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .05E adopted effective June 26, 1989 (16:12 Md. R. 1334)

**Administrative History:** Regulation .06 amended effective July 17, 2006 (33:14 Md. R. 1162); August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .06B amended effective July 25, 1988 (15:15 Md. R. 1808); October 6, 1997 (24:20 Md. R. 1402)

**Administrative History:** Regulation .06C adopted effective July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .06C amended effective August 4, 2014 (41:15 Md. R. 889)

**Administrative History:** Regulation .06C, D amended effective July 17, 2008 (35:14 Md. R. 1245); November 24, 2016 (43:23 Md. R. 1279)

**Administrative History:** Regulation .07 repealed effective August 15, 2005 (32:16 Md. R. 1391)

**Administrative History:** Regulation .07F amended effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .07G adopted effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .08A amended effective June 30, 1986 (13:13 Md. R. 1489)

**Administrative History:** Regulation .08B amended effective July 29, 1985 (12:15 Md. R. 1514); June 30, 1986 (13:13 Md. R. 1489)

**Administrative History:** Regulation .08C amended effective June 30, 1986 (13:13 Md. R. 1489)

**Administrative History:** Regulation .08 amended as an emergency provision effective September 15, 1993 (20:20 Md. R. 1556); amended permanently effective February 14, 1994 (21:3 Md. R. 184)

**Administrative History:** Regulation .08 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 29)

**Administrative History:** Regulation .10 amended effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulation .10C amended effective July 29, 1985 (12:15 Md. R. 1514)

**Administrative History:** Regulation .10 repealed and new Regulation .10 adopted as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); adopted permanently effective December 28, 1998 (25:26 Md. R. 1920)

**Administrative History:** Regulation .10 amended effective August 7, 2000 (27:15 Md. R. 1400); August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .11 adopted effective June 30, 1986 (13:13 Md. R. 1489)

**Administrative History:** Regulation .11 amended effective September 27, 2004 (31:19 Md. R. 1430); August 15, 2016 (43:16 Md. R. 899)

**Administrative History:** Regulation .12 adopted effective May 18, 1987 (14:10 Md. R. 1170)

**Administrative History:** Regulation .13 adopted effective July 25, 1988 (15:15 Md. R. 1808)

**Administrative History:** Regulation .13 repealed effective July 17, 2006(33:14 Md. R. 1162)

**Administrative History:** Regulation .14 adopted effective July 25, 1988 (15:15 Md. R. 1808)

**Administrative History:** Regulation .14 amended effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .14 amended as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); amended permanently effective December 28, 1998 (25:26 Md. R. 1920)

**Administrative History:** Regulation .15 adopted effective June 26, 1989 (16:12 Md. R. 1334)

**Administrative History:** Regulation .15 amended effective July 23, 1990 (17:14 Md. R. 1756); September 2, 1991 (18:17 Md. R. 1917); August 31, 1992 (19:17 Md. R. 1606); August 15, 1994 (21:16 Md. R. 1381)

**Administrative History:** Regulation .15 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 29); October 6, 1997 (24:20 Md. R. 1402)

**Administrative History:** Regulation .15B, C amended effective August 28, 1995 (22:17 Md. R. 1317)

**Administrative History:** Regulation .15F, G adopted effective August 16, 1993 (20:16 Md. R. 1276)

**Administrative History:** Regulation .15K adopted effective August 28, 1995 (22:17 Md. R. 1317)

**Administrative History:** Regulation .15 repealed and new Regulation .15 adopted as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); adopted permanently effective December 28, 1998 (25:26 Md. R. 1920)

**Administrative History:** Regulation .15 amended effective July 26, 1999 (26:15 Md. R. 1147); October 16, 2000 (27:20 Md. R. 1838)

**Administrative History:** Regulation .15 repealed and new Regulation .15 adopted effective August 19, 2002 (29:16 Md. R. 1287)

**Administrative History:** Regulation .15 amended effective; August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .15B amended effective October 8, 2018 (45:20 Md. R. 917)

**Administrative History:** Regulation .16 adopted effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .16 amended effective July 17, 2008 (35:14 Md. R. 1245)

**Administrative History:** Regulation .17 adopted as an emergency provision effective December 17, 1992 (20:1 Md. R. 25); adopted permanently effective March 29, 1993 (20:6 Md. R. 580)

**Administrative History:** Regulation .18 adopted as an emergency provision effective September 14, 1999 (26:21 Md. R. 1626); emergency status expired March 11, 2000

**Administrative History:** Regulation .18 adopted effective September 3, 2001 (28:17 Md. R. 1555)

**Administrative History:** Regulation .19 adopted effective September 3, 2001 (28:17 Md. R. 1555)

**Administrative History:** Regulation .19 amended effective September 27, 2004 (31:19 Md. R. 1430)

**Administrative History:** Regulation .20 adopted effective September 27, 2004 (31:19 Md. R. 1430)

**Administrative History:** Regulation .20B, D amended effective July 17, 2006(33:14 Md. R. 1162)

**Administrative History:** Regulation .20B, E amended effective August 4, 2014 (41:15 Md. R. 889)

**Administrative History:** Regulation .20B, E, J amended effective August 15, 2016 (43:16 Md. R. 899)

**Administrative History:** Regulation .20F amended effective July 17, 2008 (35:14 Md. R. 1245)

**Administrative History:** Regulation .21 adopted effective July 17, 2006(33:14 Md. R. 1162)

**Administrative History:** Regulation .22 adopted effective August 14, 2006 (33:16 Md. R. 1365)

**Administrative History:** Regulation .22 amended effective September 5, 2011 (38:18 Md. R. 1077); August 6, 2012 (39:15 Md. R. 963); August 15, 2016 (43:16 Md. R. 899)

**Administrative History:** Regulation .23 adopted effective August 6, 2012 (39:15 Md. R. 963)

**Administrative History:** Regulation .23 amended effective September 11, 2017 (44:18 Md. R. 864); October 8, 2018 (45:20 Md. R. 917)

**Administrative History:** Regulation .24 adopted effective August 4, 2014 (41:15 Md. R. 889)

**Administrative History:** Regulation .25 adopted effective October 13, 2025 (52:20 Md. R. 1000)

#### Regulation .01 Junior Hunting Day.

*COMAR 08.03.04.01*

A. Only an individual 16 years old or younger may participate on Junior Hunting Days as described in COMAR 08.03.03.03, .07, and .08.

B. A junior hunter shall:

  (1) Possess a valid hunting license;

  (2) Possess a nonresident hunting license; or

  (3) Be exempt from the hunting license requirement by Natural Resources Article, §10-301, Annotated Code of Maryland.

C. A junior hunter shall be accompanied by an unarmed individual who:

  (1) Is 21 years old or older; and

  (2) Either:

    (a) Possesses a valid hunting license; or

    (b) Is exempt from the hunting license requirement by Natural Resources Article, §10-301, Annotated Code of Maryland.

#### Regulation .02 Deer Management Permit Procedures.

*COMAR 08.03.04.02*

A. Form of Request. Pursuant to Natural Resources Article, §10-415, Annotated Code of Maryland, a person may request that the Service investigate severe damage caused by deer for the purpose of having the Service reduce the deer population in the area.

B. Investigation. Upon receipt of a request for investigation, an investigator shall be assigned by the Service to investigate the area of alleged deer damage. The investigator shall furnish written findings to the Service on a form prescribed by the Service. The report shall contain a recommendation of action to be taken, if any, to reduce deer in the area.

C. For the purposes of this regulation, “State agricultural crop land” means State properties which are listed and mapped on the Department’s website as being leased for the purpose of cultivating crops.

D. Service Action.

  (1) A deer management permit may be issued to a landowner, or the agricultural lessee of a landowner, for economic loss or significant ecological damage to:

    (a) Commercial agricultural crops, including row crops, truck crops, and pasture;

    (b) Orchard or nursery stock;

    (c) Christmas trees;

    (d) Ornamental vegetation;

    (e) Woodland areas that have forest management plans or tree planting plans that are written by a Department forester or a licensed private forester; or

    (f) Native plant communities of ecological significance managed under the direction of a professional botanist or ecologist.

  (2) At the earliest practicable time, but within 15 days from receipt of the formal request, the request and investigation report shall be reviewed by the Director or his representative, who shall decide what action shall be taken, if any, to reduce the deer population. The Director shall notify the complainant in writing of his decision.

  (3) Factors to be considered include:

    (a) Nature, extent, and severity of damage as shown by investigation;

    (b) Type of damage;

    (c) Time of year;

    (d) Deer population surveys and estimates.

E. An individual is ineligible to receive a deer management permit, or to act as an agent under the authority of a deer management permit, if the individual:

  (1) Cannot legally possess a firearm;

  (2) Is ineligible to receive a Maryland hunting license;

  (3) Is within a period of license revocation or cancellation; or

  (4) Has been convicted of a violation of Natural Resources Article, Title 10, Annotated Code of Maryland, within a 2-year period before the date of the application for the deer management permit.

F. Deer Reduction Procedure.

  (1) If the Service determines that deer population reduction is necessary to prevent severe damage by deer in an area, the reduction shall be accomplished according to the procedures in this section.

  (2) The Service shall issue a deer management permit to the landowner or lessee, who is a permittee under this regulation. A lessee shall secure permission of the landowner before using a deer management permit. The permit shall be valid for a period to be determined by the Service.

  (3) The permit in §E(1) of this regulation shall describe:

    (a) The hunting device to be used;

    (b) The number of deer to be shot; and

    (c) The type of deer to be taken as antlered, antlerless, or both.

  (4) While attempting to take deer under the terms of the permit, the permittee and all designated shooters shall possess a copy of the deer management permit signed by both the permittee and the designated shooter, and present the permit to Department personnel upon request.

  (5) In accordance with Regulation .24 of this chapter, wanton waste is prohibited and an individual who intentionally wounds or kills a deer under the authority of a deer management permit shall make a reasonable effort to take possession of the wounded or dead deer.

  (6) Tagging and Confirmation Procedures.

    (a) A confirmation number shall be generated or a game field tag shall be attached to the deer before removing it from the place of kill that includes:

      (i) The deer management permit number;

      (ii) Name and DNRid number of the permittee or designated shooter that killed the deer; and

      (iii) County and date of harvest.

    (b) An individual shall report each deer killed to the Department through the Service’s telephone or Internet-based checking system not later than 24 hours after the deer was taken into the permittee’s or designated shooter’s possession.

    (c) Once a confirmation number has been generated by reporting the deer though the Service's telephone or Internet-based checking system, attaching a game field tag is not required while the deer remains in the hunter’s possession.

    (d) When leaving a deer unattended or in the possession of another person, the deer shall be tagged with:

      (i) A game field tag as described in §F(6)(a) of this regulation, if the deer has not been reported to the Department; or

      (ii) A tag that includes the permittee’s or designated shooter’s name and the confirmation number provided by the Department, if the deer has already been reported to the Department.

    (e) The tag required under §F(6) of this regulation shall remain attached to the deer until the carcass is either:

      (i) Processed for consumption; or

      (ii) Disposed of by a processing facility.

    (f) Upon request, permittees and designated shooters shall provide a completed log sheet or an electronic record stored on a mobile device as proof that deer taken under the authority of the deer management permit were reported to the Department’s checking system.

    (g) On the master copy of the confirmation number log sheet supplied with the deer management permit, a permittee shall record all the confirmation numbers with the date of kill, designated shooter number, and species and sex of any deer taken under the authority of the permit.

    (h) The master copy of the confirmation number log sheet shall be returned with the deer management permit to the Service in accordance with the date set forth on the deer management permit.

  (7) Agents.

    (a) A permittee may designate individuals to serve as his agents for the purpose of shooting the deer during the period for which the permit is issued. All agents shall be approved by the Director or his representative, and their names shall be noted on the permit by the Director or his representative.

    (b) Agents shall possess a current, valid Maryland hunting license when shooting deer during the bow, firearms, or muzzleloader season. Exempt from this requirement to possess a hunting license are those individuals so exempted pursuant to Natural Resources Article, §10-301(b), Annotated Code of Maryland.

    (c) Permittees and agents shooting under the authority of a deer management permit shall wear fluorescent orange clothing in accordance with Natural Resources Article, §10-418(b), Annotated Code of Maryland when:

      (i) Using a firearm anytime;

      (ii) Using any weapon during the deer firearms or muzzleloader season; or

      (iii) Using any weapon during the black bear season in a county or zone where the black bear season is open.

  (8) Deer or parts of a deer shot under a deer management permit shall be disposed of in the manner provided for in the permit.

  (9) Using a Deer Management Permit.

    (a) Except as provided for in §F(8)(b) of this regulation, all permittees and their agents shooting deer under the authority of a deer management permit may use any hunting device legal for hunting deer during the deer firearms season in that county or zone.

    (b) In Baltimore, Calvert, Charles, Harford, and St. Mary’s counties, all persons shooting deer under the authority of a valid deer management permit may shoot deer using a breech loading center fired rifle or any hunting device legal for hunting deer during the deer firearms season.

G. An individual authorized as a permittee on a deer management permit for property in Calvert, Charles, or St. Mary’s county who leases State agricultural crop land may shoot deer on the leased State agricultural land in Calvert, Charles, and St. Mary’s counties to the same extent, and subject to the same conditions, that the individual is authorized to shoot deer under the deer management permit.

H. The deer management permit may contain other terms and conditions considered appropriate by the Department.

I. Appeal Procedure. If an application for a deer management permit is denied, the Service shall notify the applicant of the grounds upon which the denial is based. An individual who has received a notice that the Service has denied or refused an individual's application may file, within 21 days after the notice was mailed, a letter to the Director of the Service requesting a formal hearing. Upon receipt of the letter, the Service shall schedule a hearing before the Office of Administrative Hearings in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

J. Violations of any provision or restriction of the deer management permit constitute a violation of this regulation.

K. The Department shall provide an opportunity for a contested case hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04 when suspending or revoking a deer management permit.

#### Regulation .03 Tagging and Reporting Deer and Wild Turkey.

*COMAR 08.03.04.03*

A. Tagging.

  (1) A game field tag, including the hunter’s name, DNR ID number, and the deer or turkey’s date and county of harvest, serves to identify the hunter who has killed a deer or turkey.

  (2) A big game harvest record of deer and turkey harvested by a hunter serves to record a hunter’s kill. The big game harvest record shall:

    (a) Include, for each deer or turkey killed, the species, sex, date and county of harvest, weapon class and confirmation number attained from the Department at the time of reporting in accordance with §B of this regulation; and

    (b) Be in the hunter’s possession while deer or turkey hunting.

  (3) Game field tags and big game harvest records may be provided by the Department when purchasing a Maryland hunting license, may be obtained from any DNR sport license agent, or created by the hunter.

  (4) A hunter’s possession of an electronic record of the confirmation number acquired in accordance with §B of this regulation may substitute for the game field tag or big game harvest record. An electronic record may be presented:

    (a) By accessing the hunter’s DNR license system account by a cell phone, tablet, or other electronic device; or

    (b) As a digital copy of a completed big game harvest record.

  (5) A game field tag shall be attached to the deer or turkey before removing it from the place of kill.

  (6) If a confirmation number has been generated, attaching a game field tag is not required while the deer or turkey remains in the hunter’s possession.

  (7) When leaving a deer or turkey unattended or in the possession of another person, the deer or turkey shall be tagged with:

    (a) A game field tag as described in §A(1) of this regulation, if the deer or turkey has not been reported to the Department; or

    (b) A tag that includes the hunter’s name and the confirmation number provided by the Department if the deer or turkey has already been reported to the Department.

  (8) The tag required under §A(7) of this regulation shall remain attached to the deer or turkey until the carcass is either:

    (a) Processed for consumption;

    (b) Disposed of by a processing facility; or

    (c) Left with a taxidermist.

B. Harvest Reporting.

  (1) An individual killing a deer or turkey shall report the kill to the Department by calling a designated toll-free number, by registering the kill on the Department’s internet-based checking system accessible through the Department’s website, or as otherwise designated on the Department’s website.

  (2) The harvest of a deer or turkey shall be reported not later than 24 hours after the deer or turkey was taken into possession by the hunter. Deer must be reported before the head or hide is removed. Turkeys must be reported before being processed for consumption.

  (3) After reporting the kill, the hunter will receive a confirmation number from the Department that shall be recorded in ink on the big game harvest record or shall be in the hunter’s possession as an electronic record in accordance with §A(4) of this regulation.

C. The requirements of this regulation apply to all hunters including those hunters who are exempt from the hunting license requirements of Natural Resources Article, §10-301, Annotated Code of Maryland.

D. Reporting Deer or Turkey Killed by Means Other than Hunting.

  (1) A person may take possession of a deer or turkey that has been killed by means other than hunting by obtaining a confirmation number from the Department.

  (2) An individual taking possession of a deer or turkey killed by means other than hunting shall report the deer or turkey to the Department by registering the kill on the Department’s internet-based checking system accessible through the Department’s website, or as otherwise designated on the Department’s website.

  (3) Prior to taking possession and transporting the deer or turkey, a field tag, including the person’s name, address, county location of the deer or turkey, and method of kill, shall be attached until a confirmation number has been obtained.

  (4) If a confirmation number has been obtained, a field tag is not required if the deer or turkey remains in the person’s possession.

  (5) The deer or turkey shall be reported not later than 24 hours after the deer or turkey is taken into possession. Deer shall be reported before the head or hide is removed. Turkeys shall be reported before being processed for consumption.

  (6) After registering the deer or turkey, the person shall receive a confirmation number.

  (7) The individual shall maintain a record of the confirmation number. The confirmation number shall be made available to the Department on request.

E. A deer or turkey not tagged as required by this regulation and found in the possession of any person may be confiscated by any authorized representative of the Department and shall be disposed of as the Director may deem advisable for the best interest of the State.

F. A person may not knowingly make any false statements or record false information when tagging or reporting the harvest of any deer or turkey.

#### Regulation .04 Devices for Hunting Forest Game.

*COMAR 08.03.04.04*

A. A person may hunt forest game with a bow, a rifle, or any other means not prohibited by these regulations.

B. A person may not hunt forest game, except deer or black bear, with any automatic loading or hand-operated repeating shotgun capable of holding more than three shells, unless the magazine is:

  (1) Cut off; or

  (2) Plugged with a solid, one-piece filler which cannot be removed from the loading end.

C. The gun cannot hold more than three shells in the magazine and chamber combined.

#### Regulation .05 Devices for Hunting Deer and Black Bear.

*COMAR 08.03.04.05*

A. Except as provided in §I of this regulation, only the weapons described in §§B and C of this regulation may be used to hunt deer and black bear. All other weapon types are prohibited for hunting deer or black bear.

B. Bow.

  (1) An individual may use a bow to hunt deer and black bear during all legal deer and black bear hunting seasons.

  (2) A deer or black bear taken with a bow shall count towards the respective season's bag limits.

  (3) An individual may not:

    (a) Possess an airgun or firearm while hunting with a bow during the deer bow hunting season, except in Deer Management Region A as described in COMAR 08.03.03.06A(2)(a), a person 21 years old or older may carry a handgun for personal protection while hunting deer in the bow season if that handgun:

      (i) Has a barrel length not exceeding 6 inches;

      (ii) Does not have a telescopic sight or electronic aiming device attached; and

      (iii) Is not used to kill wildlife wounded by a vertical bow or crossbow.

    (b) Hunt with a bow from or on any vehicle except as provided for in COMAR 08.03.10.09;

    (c) Use a poisoned arrow; or

    (d) Use an arrow with an explosive tip.

  (4) An individual may use a telescopic sight or electronic aiming device on a bow.

  (5) Vertical Bow.

    (a) A vertical bow used for deer and black bear hunting shall:

      (i) Use an arrow with a sharpened broadhead with metal points and a minimum width of 7/8 inch; and

      (ii) Have a full draw and pull of not less than 30 pounds

    (b) An individual may use a release aid with a vertical bow.

    (c) An individual may use a vertical bow equipped with a draw-lock device.

  (6) Crossbow.

    (a) A crossbow used for deer or black bear hunting shall:

      (i) Use an arrow with a sharpened broadhead with metal points and a minimum width of 7/8 inch;

      (ii) Have a draw weight of not less than 75 pounds; and

      (iii) Have a working safety.

    (b) A crossbow may be cocked with the aid of a mechanical device.

    (c) An individual may not possess a crossbow loaded with an arrow while in or on a vehicle except as provided for in COMAR 08.03.10.09.

C. Firearms.

  (1) An individual may hunt deer and black bear only with the firearms in §C(2)—(6) of this regulation, subject to the restrictions provided in §§D and E of this regulation.

  (2) A rifle or shotgun propelling one soft-nosed or expanding bullet or ball at a single discharge which generates at least 1,200 foot-pounds of muzzle energy is allowed.

  (3) A handgun having a barrel length of 6 inches or longer and ammunition which produces a muzzle energy of 700 foot-pounds or more is allowed.

  (4) A muzzle loading rifle or muzzle loading shotgun, not less than .40 caliber and using not less than the equivalent of 60 grains of black powder or a single shot muzzle loading handgun or muzzle loading revolver of not less than .40 caliber with a minimum barrel length of 6 inches and using not less than the equivalent of 40 grains of black powder propelling one soft-nosed or expanding bullet or ball at a single discharge, is allowed. Sabot loads are allowed.

  (5) An air gun that:

    (a) Propels one .40 caliber or greater bullet or ball at a single discharge which generates at least 400 foot-pounds of muzzle energy; or

    (b) Propels an arrow at least 18" in length with a minimum speed of 300 feet per second at release, uses an arrow with a sharpened broadhead with metal points and a minimum width of 7/8 inch, and has a working safety if the device is fired by a trigger.

  (6) In Dorchester County only, a shotgun propelling Number 1 size buckshot or larger is allowed.

  (7) An individual may use a telescopic sight or electronic aiming device on a firearm.

D. Firearms — Restrictions. In the counties listed below, an individual may hunt deer with a rifle or handgun, employing a straight-walled cartridge, a shotgun, an air gun, a muzzle loading rifle, a muzzle loading shotgun, a muzzle loading handgun, or a muzzle loading revolver:

  (1) Anne Arundel;

  (2) Baltimore;

  (3) Calvert;

  (4) Charles;

  (5) Harford;

  (6) Howard;

  (7) Kent;

  (8) Montgomery;

  (9) Prince George's;

  (10) Queen Anne's;

  (11) St. Mary's;

  (12) Talbot; and

  (13) In Worcester:

    (a) Within 1 mile of any school;

    (b) That portion of South Point lying south of a line beginning at the west end of the Sinepuxent Bay bridge on State Route 611, then by and with the south side of Route 611 to the junction of the South Point road going south for a distance of 0.6 miles to a point opposite the southern boundary of the Ocean City Golf and Yacht Club property on the west side of the road, then by the southern boundary of the Ocean City Golf and Yacht Club to Trappe Creek; and

    (c) That portion of the lands lying south of a line beginning at the mouth of the St. Martin River northwest to the junction with Shingle Landing Road, then by and with the south side of Shingle Landing Road to the junction with Route 113, then by and with the east side of Route 113 to the junction with Route 589, then by and with the east side of Route 589 to the junction with Route 50, then by and with the north side of Route 50 to the junction with Isle of Wight Bay, then by and with the west boundary of Isle of Wight Bay to the junction with St. Martin River.

E. In that portion of Frederick County located west of the Monocacy River beginning where Fingerboard Road crosses the river, then by and with the west side of the Monocacy River to the crossing by Biggs Ford Road, then by and with the south side of Biggs Ford Road to the junction with Route 15, then by and with the west side of Route 15 to the junction with Sundays Lane, then by and with the south side of Sundays Lane to the junction with Bloomfield Road, then by and with the east side of Bloomfield Road to the junction with Opossumtown Pike, then by and with the south side of Opossumtown Pike to the junction with Walter Martz Road, then by and with the east side of Walter Martz Road to the junction with Christopher’s Crossing, then by and with the south side of Christopher’s Crossing to the junction with Walter Martz Road, then by and with the south side of Walter Martz Road to the junction with Rocky Springs Road, then by and with the south and east side of Rocky Springs Road to the junction with Kemp Lane, then by and with the east side of Kemp Lane to the junction with Shookstown Road, then by and with the north side of Shookstown Road to the junction with Bowers Road, then by and with the east side of Bowers Road to the junction West Patrick Street, then by and with the north side of West Patrick Street to the junction with Blentlinger Road, then by and with the east side of Blentlinger Road to the junction with Old National Pike, then by and with the south side of Old National Pike to the junction with Maryland Interstate 70, then by and with the north side of Maryland Interstate 70 to the junction with Route 15, then by and with the east side of Route 15 to the junction with Mt. Zion Road, then by and with the north side of Mt. Zion Road to the junction with Elmer Derr Road, and then by and with the north side of Elmer Derr Road to the junction with New Design Road, then by and with the east side of New Design Road to the junction with Manor Woods Road, then by and with the north side of Manor Woods Road to the junction with Buckystown Pike, then by and with the east side of Buckystown Pike to the junction with Fingerboard Road, and then by and with the north side of Fingerboard Road to the crossing over the Monocacy River, an individual may hunt deer with a rifle, employing a straight-walled cartridge, a handgun, a shotgun, a muzzle loading rifle, a muzzle loading shotgun, a muzzle loading handgun, or a muzzle loading revolver.

F. An individual may hunt deer with firearms, bow, or both, during the firearms season.

G. Except as prohibited by §H of this regulation, an individual may hunt deer with muzzle loading firearms, bow, or both, during the muzzle loader firearms season.

H. An individual may not possess both a muzzle loading firearm and a bow while hunting when muzzle loading season and bow season overlap or during the February deer hunting season dates.

I. Primitive Weapon.

  (1) An individual may only use a primitive weapon to hunt deer during the February deer hunting season dates.

  (2) An individual may not use a primitive weapon equipped with a:

    (a) Telescopic or electronic aiming device;

    (b) Release aid; or

    (c) Draw lock device.

  (3) The use of a crossbow is prohibited during the February deer hunting season dates.

  (4) A muzzle loading firearm used for deer hunting during the February deer hunting season dates shall be of a flintlock or percussion cap sidelock design. Modern inline muzzle loading firearms are prohibited.

#### Regulation .06 Wild Turkey Hunting.

*COMAR 08.03.04.06*

A. Shooting hours during the spring turkey season are from 1/2 hour before sunrise to 12 noon except during the last 2 weeks of the season and on the Junior Hunting Day when the shooting hours are 1/2 hour before sunrise to sunset.

B. A person may not use dogs or organized drives for the purpose of hunting turkeys during the spring season.

C. During the spring and winter turkey seasons a person may only hunt turkeys with an air gun propelling an arrow, a bow, or shotgun with shotgun shells loaded with shot size number 4 or smaller.

D. During the fall turkey season a person may only hunt turkeys with a rifle, handgun, bow, air gun, or shotgun with shotgun shells loaded with:

  (1) Shot size number 4 or smaller; or

  (2) A solid single projectile, such as a pumpkin ball, sabot, or slug.

E. To hunt wild turkeys, a person may not use:

  (1) Recorded or electronically amplified calls; or

  (2) Motorized decoys operated by batteries or any source of electricity.

#### Regulation .07 Repealed.

*COMAR 08.03.04.07*

#### Regulation .08 Permit Requirements for Aberdeen Proving Ground.

*COMAR 08.03.04.08*

An individual shall obtain a special Aberdeen Proving Ground Hunting Permit before hunting is authorized on this military installation.

#### Regulation .09 Eastern Neck National Wildlife Refuge Deer Hunting Seasons.

*COMAR 08.03.04.09*

A. Seasons. At Eastern Neck National Wildlife Refuge, the deer hunting season or seasons will be set by the Refuge Manager between the dates of September 1 and December 31. The actual opening and closing dates shall be proposed by the Refuge Manager and approved by the Director, on or before September 1, annually.

B. Bag limits shall conform to Statewide bag limits.

C. A person shall obtain a special Eastern Neck National Wildlife Refuge hunting permit before hunting is authorized on the Refuge.

#### Regulation .10 Daily Deer Bag Limit.

*COMAR 08.03.04.10*

There is no limit to the number of deer that an individual may bag in 1 day, within the confines of the bag limit for that season and deer management region.

#### Regulation .11 Hunting Wild Turkeys and Black Bear Over Bait.

*COMAR 08.03.04.11*

A. Definitions.

  (1) “Baited area” means any area where shelled, shucked, or unshucked corn, wheat, other grain, or other feed capable of luring, attracting, or enticing wild turkeys or black bears is directly or indirectly placed, exposed, deposited, distributed, or scattered. An area is considered a baited area for 10 days following complete removal of all corn, wheat, other grain, or other feed.

  (2) “Baiting” means the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat, other grain, or other feed so as to constitute for wild turkeys or black bears a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to take wild turkeys or black bears.

B. A person may not take or attempt to take wild turkeys or black bears by the aid of baiting, or on or over any baited area if the person knows or reasonably should know that the area is a baited area.

C. This regulation does not prohibit the taking of wild turkeys or black bears on or over:

  (1) Standing crops, grain crops properly shucked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting.

  (2) Lands where shelled, shucked, or unshucked corn, wheat, other grain, 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 management purposes. Manipulation of crops or other feed 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.

  (3) Lands where a person is hunting black bear during the black bear season provided that the person and any black bear that the person shoots at is 150 yards or more from an area where grain or other feed has been legally placed for the purpose of attracting wildlife other than black bears.

  (4) Lands where a person is hunting wild turkeys during the fall season provided that the person and any wild turkey that the person shoots at is 150 yards or more from an area where grain or other feed has been legally placed for the purpose of attracting wildlife other than wild turkeys.

#### Regulation .12 Patuxent River Naval Air Station Deer Hunting Seasons.

*COMAR 08.03.04.12*

A. Seasons. Season dates will conform to Statewide season dates. However, the commanding officer of the station may extend the length of the firearm season 1 week if necessary to meet the harvest quota for that season.

B. Bag Limits. The bag limits for the Station will be two deer of either sex for each of the three seasons to hunt deer.

#### Regulation .13 Repealed.

*COMAR 08.03.04.13*

#### Regulation .14 Deer Hunting Season on Military Bases, National Wildlife Refuges, and Units of the National Park System.

*COMAR 08.03.04.14*

Deer hunting seasons and bag limits at all military bases, National Wildlife Refuges, and units of the National Park System shall conform to Statewide seasons and bag limits. However, the commanding officer of the base, manager of the National Wildlife Refuge, or superintendent of the National Park unit may submit a written request for an extension of the season, or to increase the bag limit, to the Director by August 1, annually. The Director shall review the request and advise the commanding officer of the base, manager of the National Wildlife Refuge, or superintendent of the National Park unit, of the Director's decision, in writing, within 30 days of the receipt of the formal request.

#### Regulation .15 Bow Hunting on Junior Hunting Day.

*COMAR 08.03.04.15*

A. On the Junior Hunting Day described in COMAR 08.03.03.07—.08 an individual:

  (1) 17 years old or older may hunt deer with a bow provided that any deer taken shall count toward the bow season bag limit;

  (2) 16 years old or younger may hunt deer with a bow provided that any deer taken shall count toward the Junior Hunting Day bag limit.

B. All bowhunters hunting on the Junior Hunting Day described in COMAR 08.03.03.07—.08 shall wear fluorescent orange or daylight fluorescent pink clothing in accordance with Natural Resources Article, §10-418, Annotated Code of Maryland.

#### Regulation .16 Attracting Bears.

*COMAR 08.03.04.16*

A person may not place any harvested agricultural crop, animal carcass, or food products on any area that may cause bears to congregate or become habituated to an area. A law enforcement officer may issue a citation to a person if the person does not remove the attractant following a request from a law enforcement officer.

#### Regulation .17 Special Deer Hunting Seasons in State Parks.

*COMAR 08.03.04.17*

Hunting seasons and bag limits at all State parks shall conform to Statewide seasons and bag limits unless otherwise limited by COMAR 08.07.06.03. However, if necessary to reduce the white-tailed deer population in the area, the Director may request special white-tailed deer hunting seasons in State parks where it is necessary. The Director shall review the request and either approve it, deny it, or approve it with conditions.

#### Regulation .18 Managed Deer Hunts.

*COMAR 08.03.04.18*

The Department may authorize a managed deer hunt to occur on private or public land, that is not subject to the season dates or bag limits in COMAR 08.03.03.07. A person, or persons, may apply to the Director of the Service to request permission to hold a managed deer hunt. The Director of the Service shall review the request and either approve it, describing the conditions under which the hunt may be held, or deny the request.

#### Regulation .19 Use of Dogs for Tracking Deer and Black Bear.

*COMAR 08.03.04.19*

A. It is unlawful to use dogs for locating dead, wounded, or injured deer or black bear except, if an individual legally hunting deer or black bear has killed, wounded, or injured a deer or black bear, or reasonably believes the individual has killed, wounded, or injured a deer or black bear, the individual may either personally, or by engaging a dog handler, use a dog to track and recover the killed, wounded, or injured deer or black bear.

B. The act of tracking a dead, wounded, or injured deer or black bear, with a dog, is considered to be hunting as defined by Natural Resources Article, §10-101(j), Annotated Code of Maryland, and is subject to all applicable laws, regulations, and conditions.

C. No person other than the hunter or the dog handler may carry a firearm or bow of any description while tracking dead, wounded, or injured deer or black bear under this regulation.

D. The hunter or the dog handler may kill a wounded or injured deer or black bear only if done in accordance with the laws, regulations, or other conditions for deer or black bear hunting at that time. The deer or black bear shall count toward the bag limit or quota of the hunter who first killed, wounded, or injured the deer or black bear.

E. Before tracking a dead, wounded, or injured deer or black bear, the hunter shall notify, by telephone or in person, the Natural Resources Police regional office. If the nearest regional office of the Natural Resources Police is unavailable, the hunter may notify the Department of Natural Resources Communication Center. The hunter shall provide information as to:

  (1) Where the deer or black bear was killed, wounded, or injured;

  (2) The name, address, telephone number, and hunting license number of the hunter and dog handler;

  (3) The general location of the dead, wounded, or injured deer or black bear; and

  (4) The name of the landowner where the search will be conducted.

F. The dog handler shall maintain physical control of the leashed tracking dog at all times while conducting the search.

G. The hunter shall obtain permission of the landowner or land manager before tracking deer or black bear with dogs as provided in this regulation.

#### Regulation .20 Black Bear Hunting.

*COMAR 08.03.04.20*

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Annual mortality rate” means the estimated percent of the black bear population in the hunted area that is known to have died as a result of natural death, accidents, hunting, or other causes.

  (2) “Hunted area” means Allegany County, Frederick County, Garrett County, and Washington County.

  (3) “Known mortality rate” means the estimated percent of the black bear population in the hunted area that is known to have died as a result of natural death, accidents, or other nonhunting related causes.

  (4) “Permittee” means a person who has been issued a permit to hunt black bears by the Service.

  (5) “Subpermittee” means a person designated by the permittee to participate with the permittee in hunting black bears.

  (6) “Targeted harvest rate” means the difference between the Department's goal for the annual mortality rate and the known mortality rate.

C. A person may hunt black bears in accordance with COMAR 08.03.03.03F after meeting the conditions listed in §§D—N of this regulation.

D. Permit Required.

  (1) A person may not hunt or participate in a hunt for black bears in Maryland without having first obtained a black bear hunting permit from the Service.

  (2) A person that assists with the removal of a dead bear or escorts hunters into or out of a bear hunting area:

    (a) Is not required to possess a bear hunting permit; and

    (b) Shall be unarmed.

E. A subpermittee may continue to hunt black bears when the permittee is not hunting black bears.

F. Targeted Harvest Rate.

  (1) Prior to the beginning of a hunting season, the Service will determine the targeted harvest rate for the season.

  (2) The Service will issue the number of permits estimated to be required to meet the targeted harvest rate for the season.

  (3) At the discretion of the Director, the Service shall either close the season upon a determination that the targeted harvest rate has been reached or establish an appropriate season length estimated to achieve the targeted harvest rate.

G. The use of dogs to hunt black bears is prohibited, except as provided in Regulation .19 of this chapter.

H. The use of scent attractants or electronic calls is prohibited for black bear hunting.

I. Any person killing a black bear shall attach the black bear field tag to the carcass of the black bear before removing the carcass from the place of the kill.

J. Proof of sex shall remain attached to all field-dressed bear carcasses.

K. A black bear may be quartered or separated into pieces to facilitate retrieval. However, the head and hide shall remain attached to each other and proof of sex shall remain attached to one hindquarter.

L. Except as provided in §M of this regulation, a person killing a black bear shall report to an official designated black bear checking station with the entire carcass of the black bear by 8 p.m. of the day of kill. At this time, the tag previously attached on the carcass shall be exchanged for an official black bear possession tag provided by the Service and securely attached to the carcass.

M. If a person kills a bear and cannot reach a designated black bear checking station by 8 p.m. of the day of kill, the person shall contact the appropriate Service office by 8 p.m. on the day of the kill to report the kill. The person shall then have 24 hours to report with the black bear carcass to a designated black bear checking station.

N. All successful black bear hunters shall forfeit any biological data or specimens that the Service considers necessary to properly manage this species.

O. Any violation of the terms and conditions of the black bear hunting permit is a violation of this regulation.

#### Regulation .21 Reporting the Wounding or Killing of a Black Bear

*COMAR 08.03.04.21*

Unless authorized by a black bear hunting permit issued pursuant to Regulation .20 of this chapter, any person that kills or wounds a black bear shall report the killing or wounding within 24 hours to the Department by contacting the Department of Natural Resources (DNR) Communications Center at 410-260-8888.

#### Regulation .22 Cervid Carcass and Part Importation.

*COMAR 08.03.04.22*

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Authorized commercial deer processor” means an establishment that is open to the public and processes cervid carcasses or parts into food products for compensation and that possesses a letter from the Director granting permission to possess and process deer taken from within a CWD management area.

  (2) “Authorized licensed taxidermist” means a taxidermist licensed with the Service in accordance with Natural Resources article, §10-512, Annotated Code of Maryland, who is permitted to possess and preserve, mount or tan cervid carcasses or cervid parts taken from within a CWD management area in accordance with §C(2) of this regulation..

  (3) Cervid.

    (a) “Cervid” means a hoofed animal that is a member of the family Cervidae.

    (b) “Cervid” includes, but is not limited to:

      (i) Black-tailed deer;

      (ii) Caribou (reindeer);

      (iii) Elk;

      (iv) Fallow deer;

      (v) Moose;

      (vi) Mule deer;

      (vii) Musk deer;

      (viii) Pampas deer;

      (ix) Red deer;

      (x) Roe deer;

      (xi) Sika deer;

      (xii) Swamp deer;

      (xiii) Tufted deer; and

      (xiv) White-tailed deer.

  (4) “CWD” means chronic wasting disease.

  (5) “CWD management area” means a geographical region in Maryland where the Department has determined there is a need to minimize the spread of CWD by restricting certain practices.

  (6) “CWD positive area” means a geographical region outside of Maryland where the Department has determined that chronic wasting disease has been detected in free-ranging or captive cervids.

C. CWD Positive Areas and CWD Management Areas.

  (1) The Department shall maintain a list of CWD positive areas, CWD management areas, authorized commercial deer processors and authorized licensed taxidermists and make this list available to the public and post it on the Department's website. The Department shall disseminate a notice of modification to the list through various media and post it on the Department’s website so that an affected person has a reasonable opportunity to be informed.

  (2) CWD Authorized Taxidermist.

    (a) A licensed taxidermist may be authorized to possess and preserve, mount or tan cervid carcasses or cervid parts taken from within a CWD management area by signing an agreement to comply with disposal methods prescribed by the Service.

    (b) The Service shall list a CWD authorization on a taxidermy license.

D. Importation, Transportation, and Possession Prohibited. Except as provided in §§E, G, and H of this regulation, a person may not import, transport, or possess a part of a dead cervid from a CWD positive area or a CWD management area.

E. Importation, Transportation, and Possession of Certain Cervid Parts Allowed. A person may import, transport, and possess the following parts of a dead cervid from a CWD positive area or a CWD management area:

  (1) Antlers with no meat or soft tissue attached;

  (2) Finished taxidermy mount;

  (3) Hide, clean with no head attached;

  (4) Boneless meat;

  (5) Skull plate cleaned of all meat and brain tissue;

  (6) Upper canine teeth, also known as buglers, whistlers, or ivories, cleaned of all soft tissue; and

  (7) Leg quarters, to include the bones, meat or hide of the front or hind legs, of a cervid with no portion of the spinal column attached.

F. Notification Required.

  (1) If a person imports a part of a dead cervid from a CWD positive area and receives notice after the importation that the cervid has tested positive for CWD, the person shall contact the Department within 24 hours after receiving the notice of a positive CWD test.

  (2) If a person imports a part of a dead cervid from a CWD positive area and knows at the time of importation the cervid has tested positive for CWD, the person shall contact the Department within 24 hours of importation.

  (3) The contact of the Department as required by §F(1) and (2) of this regulation shall be made by phone, fax, or email as prescribed on the Department's website or in the annual Guide to Hunting and Trapping in Maryland.

  (4) The Department may assist with disposal of cervid parts from animals that have tested positive for CWD.

  (5) The Department shall maintain a record of notifications received pursuant to this section for tracking purposes.

G. Temporary Possession Allowed.

  (1) A person may import and possess any part of a dead cervid from a CWD positive area or a CWD management area if the dead cervid carcass or part does not remain in the State for longer than 24 hours.

  (2) If any part of a cervid imported and possessed in the State as authorized by §G(1) of this regulation remains in the State for more than 24 hours, the person in possession shall notify the Department by phone, fax, or email as prescribed on the Department's website or in the annual Guide to Hunting and Trapping in Maryland.

  (3) A person may transport a cervid carcass or part from a CWD management area to an authorized commercial deer processor within the same county within 24 hours of taking the cervid into possession.

  (4) A person may transport a cervid carcass or part taken from a CWD management area to an authorized licensed taxidermist.

  (5) An authorized commercial deer processor or authorized licensed taxidermist in Maryland may possess a cervid carcass or part originating from a CWD management area within Maryland.

H. A person may import and possess any part of a dead cervid from a CWD positive area or CWD management area out of the State, if within 24 hours of entering the State the dead cervid’s final disposition is within a Maryland CWD management area or to a Department-approved CWD processor or taxidermist.

#### Regulation .23 Hunting Deer When the Black Bear Season is Open.

*COMAR 08.03.04.23*

A person may not bow hunt or assist with bow hunting deer in the hunted area for black bears as defined by COMAR 08.03.04.20B when the black bear hunting season is open unless the person wears:

A. A cap of solid daylight fluorescent orange or daylight fluorescent pink color;

B. 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

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

#### Regulation .24 Wanton Waste of Deer Prohibited.

*COMAR 08.03.04.24*

A. Except as provided in §C of this regulation, an individual who intentionally wounds or kills a deer with a firearm, bow, or crossbow shall make a reasonable effort to take possession of the wounded or dead deer. If recovered, the deer shall be tagged and reported in accordance with Regulation .03 of this chapter and retained in the individual's possession until any of the following occurs:

  (1) The deer is processed for consumption;

  (2) The deer is transported to the individual's residence, to the individual’s temporary place of lodging, to a taxidermist, or to a place for commercial or noncommercial processing or is donated to another individual or organization;

  (3) The deer is utilized for scientific, educational, or research purposes; or

  (4) The deer is properly disposed of according to conditions included in a permit issued by the Department.

B. Nothing in this regulation shall be construed to supersede any provision of Natural Resources Article, §10-411, Annotated Code of Maryland, requiring written permission before entering the lands owned by another person.

C. An individual who humanely euthanizes an injured deer they did not intentionally wound is exempt from this regulation.

D. Failure to make a reasonable attempt to recover a wounded or killed deer, or failure to use a deer in a manner described in §A of this regulation, will be deemed wanton waste.

#### Regulation .25 Killing Wounded Deer After Legal Shooting Hours.

*COMAR 08.03.04.25*

A. A hunter who wounds a deer during legal shooting hours may pursue and kill the deer after legal shooting hours subject to the following restrictions:

  (1) The pursuit and killing of the deer must occur within 24 hours of the end of legal shooting hours on the day the deer was wounded;

  (2) No person other than the hunter or a tracking dog handler may carry a firearm or bow of any description while pursuing a wounded deer after legal shooting hours;

  (3) No person other than the hunter or a tracking dog handler may kill a wounded deer that is pursued after legal shooting hours;

  (4) The hunter or tracking dog handler shall use only the means authorized for the applicable hunting season or permit to pursue and kill the deer; and

  (5) No additional hunting or pursuit of unwounded game is permitted after legal shooting hours.

B. Except as provided for in this subtitle, the act of pursuing and killing a wounded deer constitutes hunting as defined by Natural Resources Article, §10-101(k)(1), Annotated Code of Maryland, and is subject to all applicable laws, regulations, and conditions.

C. A hunter who pursues a wounded deer after legal shooting hours may use an artificial light including a spotlight, flashlight, headlamp, or other lighting device to cast a ray on the deer while in pursuit or while killing the animal.

D. Motorized vehicles may not be used to pursue a wounded deer during or after legal shooting hours.

E. If a hunter believes a deer will need to be killed after legal shooting hours, the hunter shall notify the Natural Resources Police by calling the Department of Natural Resources (DNR) Communication Center 24-Hour Emergency telephone number prior to initiating or continuing the pursuit after legal shooting hours and once the pursuit has concluded. The hunter shall provide the following information:

  (1) The address and general location of where the deer was wounded;

  (2) The name, address, telephone number, and DNRid number of the hunter;

  (3) The name and, if known, the telephone number of the landowner where the deer was wounded;

  (4) The direction in which the wounded deer was traveling; and

  (5) The status of the pursuit when it concluded.

F. This subtitle does not authorize a hunter to trespass onto the property of another in pursuit of a wounded deer.

G. Recovered deer must be tagged and reported in accordance with COMAR 08.03.04.03.

### Chapter 05 — Upland Game Birds and Mammals

**Administrative History:** Effective date:

**Administrative History:** Regulations .01 and .03 were previously codified as Regulations .03 and .34, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047).

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01.

**Administrative History:** Regulation .02 adopted effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulation .02 amended effective June 30, 1986 (13:13 Md. R. 1490); November 24, 2016 (43:23 Md. R. 1279)

**Administrative History:** Regulation .03 repealed effective August 24, 2020 (47:17 Md. R. 796)

**Administrative History:** Regulation .04 adopted effective July 25, 1988 (15:15 Md. R. 1809)

**Administrative History:** Regulation .04B amended effective August 31, 2015 (42:17 Md. R. 1110)

**Administrative History:** Regulation .05 adopted effective August 27, 2007 (34:17 Md. R. 1507)

**Administrative History:** Regulation .05B, C amended effective June 18, 2018 (45:12 Md. R. 617)

**Administrative History:** Regulation .05C amended effective August 24, 2020 (47:17 Md. R. 796)

#### Regulation .01 Doves, Shooting Hours.

*COMAR 08.03.05.01*

The shooting hours for mourning doves in this State are from 12 noon to sunset during the designated half-day segment of the hunting season.

#### Regulation .02 Devices for Hunting Upland Game.

*COMAR 08.03.05.02*

A person may hunt mourning doves and woodcock with a bow, an air gun propelling an arrow, or shotgun only. A person may hunt all other upland game with a bow, a rifle, or any other means not prohibited by these regulations. A person may not hunt upland game with any automatic loading or hand operated repeating shotgun capable of holding more than three shells, unless the less the magazine is cut off or plugged with a solid, one-piece filler which cannot be removed from the loading end, so that the gun cannot hold more than three shells in the magazine and chamber combined.

#### Regulation .03 Transportation of Pheasants — Repealed.

*COMAR 08.03.05.03*

#### Regulation .04 Migratory Bird Tagging Requirement.

*COMAR 08.03.05.04*

A. A person may not put or leave any migratory game birds at any place other than at his personal abode, or in the custody of another person for picking, cleaning, processing, shipping, transportation, storage (including temporary storage), or for the purpose of having taxidermy services performed, unless the birds have been properly tagged by the hunter. Migratory game birds may not be considered in storage or temporary storage if they are being transported in a vehicle and are in the possession of the hunter.

B. Tagging.

  (1) It shall be the responsibility of the hunter to furnish and tag his migratory game birds. The tag shall include the:

    (a) Hunter's signature;

    (b) Home address;

    (c) Hunting license number or DNRid and state where issued, when applicable;

    (d) Total number and species of birds; and

    (e) Date the birds were killed.

  (2) One tag may be used to tag the entire daily bag limit or any part of it. It is not necessary to tag each individual bird.

C. A person may not receive, or have in custody, any migratory game birds belonging to another person or persons unless the birds are properly tagged as required by §B.

#### Regulation .05 Crow and Blackbird Depredation.

*COMAR 08.03.05.05*

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Blackbirds” means Brewer’s, red-winged, and yellow-headed blackbirds, cowbirds, and all grackles.

  (2) “Crows” means American and fish crows.

  (3) “Wildlife Services” means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.

C. Crow and Blackbird Depredation.

  (1) Private landowners and managers of public lands and their employees or their agents are authorized to control crows and blackbirds in accordance with 50 CFR §21.43.

  (2) Any control activity taking place within an incorporated town or city shall be consistent with management recommendations prepared by Wildlife Services.

  (3) A person shall contact Wildlife Services in person at 1568 Whitehall Road, Annapolis, MD 21409, or by telephone at 1-877-463-6497, to request management recommendations for control within an incorporated town or city. Wildlife Services shall evaluate the problem and recommend control actions, if any.

### Chapter 06 — Furbearer Wildlife

**Authority:** Natural Resources Article, §§1-403, 10-205, 10-206, 10-301.1, 10-404—10-409, 10-415, 10-418, 10-902, and 10-903, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 were previously codified as Regulations .02, .09, .28, and .46, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01

**Administrative History:** Regulation .01 amended effective August 6, 2012 (39:15 Md. R. 963)

**Administrative History:** Regulation .02 amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 29)

**Administrative History:** Regulation .02 repealed effective July 17, 2006 (33:14 Md. R. 1162)

**Administrative History:** Regulation .03 amended effective November 23, 1992 (19:23 Md. R. 2039); August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .03A amended effective September 4, 2023 (50:17 Md. R. 769)

**Administrative History:** Regulation .03C, D amended effective July 17, 2006 (33:14 Md. R. 1162)

**Administrative History:** Regulation .03E amended effective August 4, 2014 (41:15 Md. R. 889)

**Administrative History:** Regulation .03G amended effective June 3, 1996 (23:11 Md. R. 809)

**Administrative History:** Regulation .03G amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); amended permanently effective January 13, 1997 (24:1 Md. R. 29)

**Administrative History:** Regulation .05 adopted effective August 15, 1994 (21:16 Md. R. 1381)

**Administrative History:** Regulation .05 repealed and new Regulation .05 adopted effective June 3, 1996 (23:11 Md. R. 809)

**Administrative History:** Regulation .05 amended effective August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .05A amended effective August 23, 2010 (37:17 Md. R. 1184); November 24, 2016 (43:23 Md. R. 1279)

**Administrative History:** Regulation .06 adopted effective July 17, 2006 (33:14 Md. R. 1163)

**Administrative History:** Regulation .07 adopted effective July 17, 2006 (33:14 Md. R. 1163)

#### Regulation .01 Otter and Fisher Pelt Tags and Carcass Submission.

*COMAR 08.03.06.01*

A. All otter and fisher pelts shall be tagged within 15 days after the close of the season. Pelts may not be sold or otherwise disposed of unless properly tagged. A person may not possess an untagged otter or fisher pelt, or part of a pelt, following the above date, whether it was trapped, killed, or caught in this State or in any other state, territory, or country. Otter and fisher pelt tags may be obtained from the local field offices of the Service and the Natural Resources Police Force.

B. All skinned river otter carcasses harvested in Garrett and Allegany counties shall be forfeited to the Service at one of the Service offices in Garrett or Allegany counties within 45 days after the close of the season.

#### Regulation .02 Repealed.

*COMAR 08.03.06.02*

#### Regulation .03 Trapping.

*COMAR 08.03.06.03*

A. Except as otherwise expressly permitted or prohibited by law, trapping shall conform to the conditions in §§B—H of this regulation.

B. A person may set, tend, or operate smooth-jawed leg-hold traps having a jaw spread no greater than 5-3/4 inches except that smooth-jawed leg-hold traps set completely submerged underwater may have a maximum jaw spread of 7-3/4 inches.

C. A person may not set or tend body-gripping traps exceeding 8 inches by 8 inches or 8 inches in diameter except when the traps are submerged partially or totally in water.

D. A person may set and tend body-gripping traps equal to or less than 8 inches by 8 inches or 8 inches in diameter in State and private tidal wetlands, flooded nontidal wetlands, and in those portions of inland freshwater marshes, shrub swamps, wooded swamps, and bogs where water is covering the surface of the soil or the soil is waterlogged to the surface. In all other locations these traps may only be set if submerged partially or totally in water.

E. A person who sets any traps authorized by this regulation shall tend them or cause them to be tended at least once every day, except those traps which are set in water or tidal marshes, which shall be tended at least once every 2 days.

F. Live traps such as box or cage traps are permissible in all upland and wetland areas.

G. A person who traps any furbearer, taken during any established trapping season, may not transport it from the place of capture unless the animal has been killed.

H. A person who uses a snare, a trap, or another similar device to capture wildlife shall stamp their DNRid number on each device, or affix a metal tag with their DNRid number to each device, unless the device is being used on private property that is owned or rented by the person placing the device.

#### Regulation .04 Hunting Foxes with the Aid of Dogs.

*COMAR 08.03.06.04*

A person may not hunt, pursue, catch, or kill any fox with the aid of dogs, or attempt to do so during the firearms deer season, except that unarmed persons may conduct organized fox hunts of the type known as “Riding to the Hounds” in that season.

#### Regulation .05 Devices for Hunting Furbearers.

*COMAR 08.03.06.05*

A. An individual may hunt coyote, fisher, gray fox, opossum, raccoon, red fox, or skunk, with a firearm, air gun, or bow, during the established open hunting season.

B. An individual may not hunt furbearers with an automatic loading or hand-operated repeating shotgun capable of holding more than three shells, unless the magazine is cut off or plugged with a solid, one-piece filler which cannot be removed from the loading end, so that the gun cannot hold more than three shells in the magazine and chamber combined.

C. An individual may not hunt, except by trapping, beaver, long-tailed weasel, otter, muskrat, or mink.

#### Regulation .06 Furbearer Permits.

*COMAR 08.03.06.06*

A. Permit Required.

  (1) Except as provided in §A(2) and (3) of this regulation, a person shall obtain or be authorized by a furbearer permit from the Department or a designee of the Department before:

    (a) Hunting fur-bearing mammals; or

    (b) Actively participating in the unarmed chasing of fox.

  (2) A furbearer permit is not required to hunt a fur-bearing mammal if a person possesses:

    (a) A valid Wildlife Control Cooperator Permit issued by the Service pursuant to COMAR 08.03.09.05 and is engaging in the control of fur-bearing mammals in accordance with the terms and conditions of the permit; or

    (b) A valid permit to control nuisance wildlife issued by the Service pursuant to COMAR 08.03.09.10 and is engaging in the control of fur-bearing mammals in accordance with the terms and conditions of the permit.

  (3) A furbearer permit is not required for a landowner or the agent of a landowner to hunt a fur-bearing mammal on the landowner's property if:

    (a) A muskrat is damaging an embankment or impoundment;

    (b) A coyote, fox, or skunk is damaging or destroying personal or real property;

    (c) A raccoon or opossum is damaging personal or real property; or

    (d) A raccoon is destroying a muskrat or the home of a muskrat.

  (4) A person who is exempted from the hunting license requirement pursuant to Natural Resources Article, §10-301(b), Annotated Code of Maryland, is subject to the provisions of this regulation.

B. Permit Types.

  (1) There are two types of furbearer permits:

    (a) An individual furbearer permit; and

    (b) A group furbearer permit.

  (2) A group furbearer permit may be obtained by an association or a group approved by the Department established for the purpose of chasing or hunting fur-bearing mammals. A member or guest of the association or group who participates in furbearer chasing or hunting with the association or group is not required to have an individual furbearer permit.

C. Application. To obtain a furbearer permit, a person shall apply to the Department or a person designated by the Department.

D. Term. A furbearer permit is valid for a period of August 1 through July 31, annually.

E. Fee. The Department shall determine and establish the appropriate fee levels that will be charged for the electronic issuance and transmission of a furbearer permit.

F. Reporting. An association or group which holds a group furbearer permit shall maintain a log listing the names and mailing addresses of individuals using the privileges of the permit and submit this information in a format designated by the Service by September 1 following the end of each permit year.

#### Regulation .07 Trapper Education.

*COMAR 08.03.06.07*

A. Certificate Required.

  (1) Except as provided in §A(2) of this regulation, on or after August 1, 2007, an individual shall obtain a certificate of trapper education from the Service or a designee of the Service before trapping or attempting to trap any fur-bearing mammal.

  (2) A certificate of trapper education is not required to trap fur-bearing mammals if the individual:

    (a) Is exempt from the requirement to obtain a furbearer permit as specified in Regulation .06 of this chapter; or

    (b) Held a valid furbearer permit before August 1, 2007.

  (3) Any similar certificate issued by another state is acceptable as complying with the requirements of this regulation if the privileges are reciprocal for Maryland residents.

B. Certified Instructors.

  (1) The Department shall designate the persons or agencies authorized to give the courses of instruction in trapper education. This instructor designation shall be valid until revoked by the Department.

  (2) A person designated to provide the courses of instruction shall submit to the Department a verified list of all individuals who have successfully completed the courses of instruction in trapper education.

  (3) Each instructor shall issue a certificate of trapper education to each individual who successfully completes the courses of instruction in trapper education.

### Chapter 07 — Waterfowl

**Authority:** Natural Resources Article, §§10-205, 10-206, 10-301, 10-404—10-409, 10-415, 10-418, 10-601, 10-601.1, 10-603(d)(3), 10-604 — 10-606, 10-902, and 10-903, Annotated Code of Maryland Ch. 205, Acts of 2005

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.05 were previously codified as Regulations .04, .05, .18, .22, and .24, and Regulations .07 and .08 were previously codified as Regulations .31 and .64, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01.

**Administrative History:** Regulation .02 amended effective June 3, 1985 (12:11 Md. R. 1047); September 4, 2000 (27:17 Md. R. 1618); July 17, 2006 (33:14 Md. R. 1163)

**Administrative History:** Regulation .03 repealed effective September 4, 2000 (27:17 Md. R. 1618)

**Administrative History:** Regulation .04 amended effective October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1809); August 15, 1994 (21:16 Md. R. 1382); September 4, 2000 (27:17 Md. R. 1618); September 3, 2001 (28:17 Md. R. 1555); August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .04C amended effective September 4, 2000 (27:17 Md. R. 1618)

**Administrative History:** Regulation .04D adopted effective August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .05 amended as an emergency provision effective October 1, 1989 (16:21 Md. R. 2255); emergency status expired March 29, 1990; amended permanently effective June 11, 1990 (17:11 Md. R. 1341)

**Administrative History:** Regulation .06 adopted effective June 3, 1985 (12:11 Md. R. 1618)

**Administrative History:** Regulation .06 amended effective September 4, 2000 (27:17 Md. R. 1618)

**Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective August 19, 2002 (29:16 Md. R. 1287)

**Administrative History:** Regulation .06 amended effective July 17, 2006 (33:14 Md. R. 1163); August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .06F amended effective June 18, 2018 (45:12 Md. R. 617)

**Administrative History:** Regulation .07 amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578); December 8, 2005 (32:24 Md. R. 1904); August 23, 2010 (37:17 Md. R. 1184); June 18, 2018 (45:12 Md. R. 617)

**Administrative History:** Regulation .07A amended effective July 25, 1988 (15:15 Md. R. 1809)

**Administrative History:** Regulation .07B amended effective August 11, 2008 (35:16 Md. R. 1390); October 14, 2024 (51:20 Md. R. 899)

**Administrative History:** Regulation .07C, D amended effective August 8, 2022 (49:16 Md. R. 758)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective August 16, 1993 (20:16 Md. R. 1276)

**Administrative History:** Regulation .08 repealed effective August 28, 1995 (22:17 Md. R. 1317)

**Administrative History:** Regulation .09 adopted effective July 25, 1988 (15:15 Md. R. 1809)

**Administrative History:** Regulation .10 adopted effective August 13, 2007 (34:16 Md. R. 1431)

**Administrative History:** Regulation .10B, E amended effective August 24, 2020 (47:17 Md. R. 796)

**Administrative History:** Regulation .11 adopted effective March 10, 2008 (35:5 Md. R. 641)

**Administrative History:** Regulation .12 adopted effective June 18, 2018 (45:12 Md. R. 617)

**Administrative History:** Regulation .13 adopted effective June 18, 2018 (45:12 Md. R. 617)

#### Regulation .01 Trapping Wild Waterfowl.

*COMAR 08.03.07.01*

A person may not construct, maintain, or operate, or assist in the construction, maintenance, or operation of any trap or snare of any description for the taking of wild waterfowl in this State.

#### Regulation .02 Shooting from Offshore Stationary Blinds or Blind Sites.

*COMAR 08.03.07.02*

A. A person may not shoot or attempt to shoot wild waterfowl from any unlicensed stationary blind or blind site in this State.

B. A person may not hunt or attempt to hunt wild waterfowl from any tidal or nontidal waters of the State covered by ice, except at or from licensed stationary blinds or blind sites or from boats in areas where offshore waterfowl hunting is allowed by law or regulation as set forth in Natural Resources Article, Title 10, Subtitle 6, Annotated Code of Maryland, or COMAR 08.03. This regulation does not prohibit hunting or attempts to hunt wild waterfowl from ice-covered land, tidal wetlands, or nontidal wetlands, or the legal blind site licensee from hunting on the ice only within the distance limits required by statute.

C. A hunter or group of hunters hunting at a licensed offshore stationary blind or offshore blind site shall possess at least one copy of the license issued by the Department for the site.

D. Hunters shall mark offshore blind sites licensed by the Department with either a stake or buoy showing the licensee's name and license number. Blind site stakes shall be marked on all sides with reflective material at least 4 inches wide located at least 3 feet above the high water mark.

#### Regulation .03 Repealed.

*COMAR 08.03.07.03*

#### Regulation .04 Sea Duck Shooting Zone.

*COMAR 08.03.07.04*

A. In the Sea Duck Zone, a person may hunt sea ducks (scoters, long-tailed ducks, and eider ducks) by shooting from a boat or floating blind which is anchored, drifting, sculled, or paddled, or while standing in the water on the natural bottom only in the following areas:

  (1) The part of the open waters of the Chesapeake Bay described as follows: Keeping to the south of a line drawn between the southernmost tip of Turkey Point, Cecil County, and the easternmost tip of Sandy Point, Harford County; keeping to the southeast of a line drawn from the southernmost tip of Abbey Point, Harford County and the easternmost tip of Lego Point, Harford County; keeping to the south of a line drawn from Rickett Point, Harford County and the southernmost tip of Lower Island Point, Baltimore County; keeping to the east of a line drawn from the southernmost tip of North Point, Baltimore County to the northernmost tip of Rock Point, Anne Arundel County; keeping to the east of a line drawn between the southernmost tip of Mountain Point, Anne Arundel County to the northernmost point of Persimmon Point, Anne Arundel County; keeping to the southeast of a line drawn between the southernmost tip of Hackett Point, Anne Arundel County and the southernmost tip of Greenbury Point, Anne Arundel County; keeping to the east of a line drawn from the southernmost tip of Greenbury Point, Anne Arundel County to the easternmost tip of Tolly Point, Anne Arundel County; keeping to the southeast of a line drawn from the easternmost tip of Thomas Point, Anne Arundel County and the easternmost tip of Saunders Point, Anne Arundel County; keeping to the northeast of a line drawn from the southernmost tip of Dutchman Point, Anne Arundel County to the northernmost tip of Curtis Point, Anne Arundel County; keeping to the northeast of a line drawn between the southernmost tip of Drum Point, Calvert County and the northernmost point of Hog Point, St. Mary's County; keeping to the east of the western shore of St. Mary's County to Point Lookout, St. Mary's County; keeping to the southwest of a line drawn between the westernmost tip of Pry Island, Somerset County and the southernmost tip of Holland Island, Dorchester County; keeping to the southeast of a line drawn between the center of Norman Cove, Dorchester County and the southernmost tip of Lower Hooper Island, Dorchester County; keeping to the west of a line drawn between Quick Flashing Red Bell Buoy No. 10 and the southernmost tip of Black Walnut Point, Talbot County; keeping to the northwest of a line drawn between the westernmost tip of Howell Point, Kent County and the westernmost tip of Grove Point, Cecil County; and keeping to the southwest of a line drawn between the northwesternmost tip of Wroth Point, Cecil County and the southernmost tip of Turkey Point, Cecil County;

  (2) Susquehanna Flats: Beginning at Stump Point on the western side of Furnace Bay; thence in a straight line easterly to Carpenter Point; thence in a straight line southeasterly to Red Point; thence southerly along the mean low waterline to Turkey Point; thence in a straight line westerly to Sandy Point; thence northwesterly along the mean low waterline to Locust Point; thence westerly following the shoreline to Plum Point; thence in a straight line northwesterly to Swan Creek Point; thence northeasterly along the mean low waterline to Concord Point; thence in a straight line easterly to Stump Point.

  (3) Elk River: Beginning at Turkey Point; thence northeast following the shoreline to Hyland's Point on the Elk River; thence northeast following the shoreline to Bull Minnow Point; thence east to Welch Point; thence southeast following the shoreline to Town Point; thence southwest to Arnold Point; thence southwest following the shoreline to Grove Point; thence north to Turkey Point.

  (4) Sassafras River: Beginning at Grove Point, only in the Cecil County portion of the Sassafras River located west of 75º58'45".

  (5) That part of the open waters of the Middle River in Baltimore County described as follows: Keeping to the south of a line drawn between the southernmost tip of Lower I Point and the southernmost tip of Bowley Point; and keeping to the north of a line drawn between the southernmost tip of Wells Point and the northernmost tip of Miller Island;

  (6) Potomac River: Beginning at the intersection of mean low watermark at Point Lookout, marking Chesapeake Bay waters; thence following the mean low waterline of the shore northwesterly across the respective mouths of all creeks to Gray Point at the westerly entrance into Rowley Bay; thence in a straight line northwesterly to the southerly extremity of Kitts Point; thence along the mean low waterline to the southwesterly point of St. Inigoes Neck; thence in a straight line westerly to the most easterly point of St. Georges Island; thence following the mean low waterline in a general northwesterly direction, across the respective mouths of all creeks and inlets to the southwesterly point of Huggins Point, thence in a straight line southwesterly to the eastern extremity of the sandbar known as Heron Island; thence southwesterly in a straight line to the most southerly point of Blackiston Island; thence in a straight line northwesterly to the southern extremity of Colton's Point; thence following the mean low waterline, westerly, excluding all creeks and inlets, to the point marking the southeasterly entrance into St. Catherine Sound; thence westerly in a straight line to the southern extremity of St. Catherine Island Sandbar; thence northwesterly along the westerly edge of that sandbar continuing along the mean low waterline of the southwesterly side of St. Catherine Island to the northwesterly point of the island; thence westerly in a straight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge of Cobb Point Sandbar to the southerly extremity of Cobb Point; thence following the mean low waterline in general northwesterly and northerly directions across the respective mouths of all creeks and inlets to a point where the eastern span of the Potomac River Bridge (Governor Harry W. Nice Memorial Bridge) crosses the mean low watermark on the Maryland shore; thence following the mean low waterline, northerly, excluding all creeks and inlets to a point on the shore due east of Windmill Point; thence west to Windmill Point; thence following the mean low waterline southwesterly, excluding all creeks and inlets to Upper Cedar Point; thence following the mean low waterline westerly, excluding all creeks and inlets to Blossom Point; thence in a straight line southeasterly to Blue Heron Point; thence following the mean low waterline southwesterly, excluding all creeks and inlets to Maryland Point; thence following the mean low waterline northwesterly, excluding all creeks and inlets to Smith Point; thence following the mean low waterline northerly, excluding all creeks and inlets to Sandy Point; thence following the mean low waterline northerly, excluding all creeks and inlets to Moss Point; thence in a straight line northeasterly to the southern tip of Stump Neck; thence following the mean low waterline northeasterly, excluding all creeks and inlets to the most northwesterly point of Stump Neck; thence in a straight line northeasterly to Deep Point; thence following the mean low waterline northeasterly, excluding all creeks and inlets to a point on the shore due south of Hollis Point; thence in a straight line northerly to Hollis Point; thence following the mean low waterline northeasterly to a point on the shore that marks the boundary between Charles and Prince George's Counties; thence following the Charles-Prince George's County line northwesterly across the Potomac River to where the Charles-Prince George's intersects the mean low watermark on the Commonwealth of Virginia shore; thence southerly following the Maryland-Virginia state line to Smith Point and thence in a straight line across the mouth of the Potomac River, on the established line from Smith Point to Point Lookout, to the mean low watermark at Point Lookout, the place of the beginning.

  (7) That part of the open waters of the Chester River in Queen Anne's and Kent counties described as follows: Keeping to the west of a line drawn between the northernmost tip of Coursey Point, Queen Anne's County and the southernmost tip of Cedar Point, Kent County;

  (8) That part of the open waters of Eastern Bay and Miles River in Queen Anne's and Talbot counties described as follows: Keeping to the southeast of a line drawn between Romancoke pier, Queen Anne's County and Bodkin Island, Queen Anne's County; keeping to the south of a line drawn between Bodkin Island, Queen Anne's County and the southwesternmost tip of Parsons Island, Queen Anne's County; keeping to the south of a line drawn between the southernmost tip of Narrow Point, Queen Anne's County and the southernmost point of Brian Point, Queen Anne's County; and keeping to the north of a line drawn between Bennett Point, Queen Anne's County and Tilghman Point, Talbot County;

  (9) That part of the open waters of the Choptank River in Talbot and Dorchester counties described as follows: Keeping to the south of a line drawn between the southernmost tip of Blackwalnut Point, Talbot County, thence to the southernmost tip of Bar Neck, thence to the southernmost tip of Change Point, thence to the southernmost tip of Nelson Point, thence to the southernmost tip of Benoni Point, thence to the southernmost tip of Chlora Point; keeping west of a line drawn from the southernmost tip of Chlora Point, thence to the northernmost tip of Castle Haven, Dorchester County; keeping north of a line drawn from the northernmost tip of Castle Haven, thence to the northernmost tip of Cook Point;

  (10) That part of the open waters of the Little Choptank River, Dorchester County described as follows: Keeping to the west of a line drawn between the southernmost tip of Casson Point and the northernmost tip of Susquehanna Point;

  (11) That part of the open waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, and Kedges Straits in Dorchester, Wicomico, and Somerset counties described as follows: Keeping to the south of a line drawn between the southernmost tip of Frog Point, Dorchester County and the southernmost tip of Nanticoke Point, Wicomico County; keeping to the south of a line drawn between the southernmost tip of Nanticoke Point, Wicomico County and the westernmost tip of Wingate Point, Somerset County; and keeping to the south of a line drawn between St. Pierre Island, Somerset County and the northernmost tip of Cormal Point, Somerset County;

  (12) The open waters of Pocomoke Sound, Somerset County and in Chincoteague Bay, Newport Bay and Isle of Wight Bay, Worcester County; and

  (13) The waters of the Atlantic Ocean opposite the Maryland Shore.

B. A person hunting wild waterfowl in the Sea Duck Zone shall remain at least:

  (1) 800 yards from any shore, including shore emerging at mean low water, except in the following waters, where a person hunting wild waterfowl shall remain at least 400 yards from shore, including shore emerging at mean low water:

    (a) Chesapeake Bay located in Baltimore, Harford, and St. Mary’s counties as described in §A(1) of this regulation;

    (b) Potomac River as described in §A(3) of this regulation;

    (c) Susquehanna Flats as described in §A(2) of this regulation; and

    (d) Dorchester, Somerset, and Wicomico counties as described in §A(11) and (12) of this regulation;

  (2) 250 yards from any person legally hunting wild waterfowl; and

  (3) 500 yards from any bridge, road, or causeway.

C. Hunters may pursue and shoot crippled waterfowl in a vessel (boat) under power in the Sea Duck Zone.

#### Regulation .05 Captive Waterfowl (Live Decoys).

*COMAR 08.03.07.05*

A. A person may not hunt wetland game birds by the use or aid of live birds as decoys.

B. Although not limited to, it shall be a violation of this regulation to hunt wetland game birds on an area where tame or captive live ducks or geese are present unless the birds are, and have been for a period of 10 consecutive days before hunting, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals the birds from the sight of wetland game birds.

#### Regulation .06 Devices for Hunting Wetland Game Birds.

*COMAR 08.03.07.06*

A. Except as provided in §B of this regulation, a person may hunt wetland game birds only with a:

  (1) Vertical bow; or

  (2) Shotgun which is not larger than 10-gauge:

    (a) Loaded only with shot approved by the United States Fish and Wildlife Service as nontoxic for waterfowl and coots pursuant to 50 CFR 20; and

    (b) Fired from the shoulder.

B. Persons hunting rails and snipe may use a crossbow.

C. A person hunting wetland game birds may not possess shotgun shells loaded with:

  (1) Shot that is not approved by the United States Fish and Wildlife Service as nontoxic for waterfowl and coots; or

  (2) A single projectile, for example, pumpkin ball, sabot, or slug.

D. A person hunting wetland game birds may not use or possess approved nontoxic shot larger than size “T”.

E. A person may not hunt wetland game birds with any automatic loading or hand-operated repeating shotgun capable of holding more than three shells unless the magazine is:

  (1) Cut off; or

  (2) Plugged with a solid, one-piece filler which cannot be removed from the loading end; and

  (3) The gun cannot hold more than three shells in the magazine and chamber combined.

F. The restriction in §E of this regulation that limits shotguns to those holding not more than three shells does not apply to:

  (1) Shotguns used for hunting snow geese during the Light Goose Conservation Order season; and

  (2) Shotguns used for hunting resident Canada geese during the September resident Canada goose season.

#### Regulation .07 Areas Open to Offshore Waterfowl Hunting.

*COMAR 08.03.07.07*

A. Consistent with a final rule published in the Federal Register pursuant to 50 CFR 20, except as provided in §C of this regulation, a person may hunt migratory waterfowl from a boat or floating blind which is anchored, drifting, sculled, or paddled, or while standing in the water on the natural bottom in those open areas described in §B of this regulation.

B. The following areas are open:

  (1) Chesapeake Bay: Beginning at Turkey Point on the northern side of the mouth of Elk River; then westerly to Sandy Point; thence along the eastern and southern shores of Spesutie Island to Bear Point; thence to Black Point; thence southwesterly along shore to Abbey Point; thence to Lego Point; thence along shore of Gunpowder Neck to southwestern tip of Rickett Point; thence to the south of a line drawn from Rickett Point, Harford County and the southernmost tip of Lower Island Point, Baltimore County; keeping to the east of a line drawn from the southernmost tip of North Point, Baltimore County to the northernmost tip of Rock Point, Anne Arundel County; thence southerly along the shores of Mountain Point; thence to Persimmon Point; thence along the shores to a point on Sandy Point due west of Sandy Point Light; thence to Hackett Point, thence to Greenbury Point; thence to Tolly Point; thence southerly along the shore to southeasternmost tip of Arundel on the Bay; thence to Thomas Point; thence in a straight line across the mouth of South River to Saunders Point thence in a southwesterly direction along the shore to Dutchman Point; thence in a straight line across the mouth of West River to Curtis Point; thence to Horseshoe Point; thence to Franklin Point; thence in a southwesterly direction along the shore to Holland Point; thence southerly along the shores to Cove Point and to Drum Point; thence to Hog Point; thence along the shores to Cedar Point to Point No Point and to Point Lookout; thence southeasterly across the Potomac River to Smith Point; thence northeasterly along State Line to intersection with westerly shore of Smith Island, crossing Big Thorofare at points marking its western entrance and continuing northward along shore to Fog Point; thence northwesterly to Holland Island Bar Light; thence to the southernmost point of Holland Island; thence along the western shores of Holland Island, Adam Island, Billys Island (Pone Island) and Bloodsworth Island to tip of shore on southwesterly side of entrance into Okahanikan Cove; thence keeping to the southeast of a line drawn between the center of Norman Cover, Dorchester County and the southernmost tip of Lower Hooper Island, Dorchester County; thence following the western shores of Hooper Islands to Pons Point; thence to Sand Point; thence to the southernmost tip of The Marshes; thence along the western shores of Meekins Neck, Taylors Island and James Island to James Point on Upper James Island; thence to Black Walnut Point; thence northerly along the western shore of Tilghman Point to Triangulation Station WAP on the northern shore of Paw-paw Cove; thence running northwesterly to the most southwest point of Poplar Island; thence northeasterly along shore to the northeasternmost point of Poplar Island; thence to Kent Point; thence northerly along western shore of Kent Island to Love Point; thence northerly to Swan Point Channel Quick Flashing Red Buoy #4; thence in the same direction to Tolchester Channel flashing buoy #15; thence to Tolchester Channel flashing buoy #21; thence in a northeasterly direction to Tolchester Channel flashing green buoy #27; thence to Tolchester Channel flashing buoy #37; thence to flashing green buoy #45; thence easterly to Howell Point, Kent County; thence to Grove Point; thence to Turkey Point.

  (2) Potomac River: Beginning at the intersection of mean low watermark at Point Lookout, marking Chesapeake Bay waters; thence following the mean low waterline of the shore northwesterly across the respective mouths of all creeks to Gray Point at the westerly entrance into Rowley Bay; thence in a straight line northwesterly to the southerly extremity of Kitts Point; thence along the mean low waterline to the southwesterly point of St. Inigoes Neck; thence in a straight line westerly to the most easterly point of St. Georges Island; thence following the mean low waterline in a general northwesterly direction, across the respective mouths of all creeks and inlets to the southwesterly point of Huggins Point, thence in a straight line southwesterly to the eastern extremity of the sandbar known as Heron Island; thence southwesterly in a straight line to the most southerly point of Blackiston Island; thence in a straight line northwesterly to the southern extremity of Colton's Point; thence following the mean low waterline, westerly, excluding all creeks and inlets, to the point marking the southeasterly entrance into St. Catherine Sound; thence westerly in a straight line to the southern extremity of St. Catherine Island Sandbar; thence northwesterly along the westerly edge of that sandbar continuing along the mean low waterline of the southwesterly side of St. Catherine Island to the northwesterly point of the island; thence westerly in a straight line to Cobb Point Bar Lighthouse; thence northwesterly along the ridge of Cobb Point Sandbar to the southerly extremity of Cobb Point; thence following the mean low waterline in general northwesterly and northerly directions across the respective mouths of all creeks and inlets to a point where the eastern span of the Potomac River Bridge (Governor Harry W. Nice Memorial Bridge) crosses the mean low watermark on the Maryland shore; thence following the mean low waterline, northerly, excluding all creeks and inlets to a point on the shore due east of Windmill Point; thence west to Windmill Point; thence following the mean low waterline southwesterly, excluding all creeks and inlets to Upper Cedar Point; thence following the mean low waterline westerly, excluding all creeks and inlets to Blossom Point; thence in a straight line southeasterly to Blue Heron Point; thence following the mean low waterline southwesterly, excluding all creeks and inlets to Maryland Point; thence following the mean low waterline northwesterly, excluding all creeks and inlets to Smith Point; thence following the mean low waterline northerly, excluding all creeks and inlets to Sandy Point; thence following the mean low waterline northerly, excluding all creeks and inlets to Moss Point; thence in a straight line northeasterly to the southern tip of Stump Neck; thence following the mean low waterline northeasterly, excluding all creeks and inlets to the most northwesterly point of Stump Neck; thence in a straight line northeasterly to Deep Point; thence following the mean low waterline northeasterly, excluding all creeks and inlets to a point on the shore due south of Hollis Point; thence in a straight line northerly to Hollis Point; thence following the mean low waterline northeasterly to a point on the shore that marks the boundary between Charles and Prince George's Counties; thence following the Charles-Prince George's County line northwesterly across the Potomac River to where the Charles-Prince George's intersects the mean low watermark on the Commonwealth of Virginia shore; thence southerly following the Maryland-Virginia state line to Smith Point and thence in a straight line across the mouth of the Potomac River, on the established line from Smith Point to Point Lookout, to the mean low watermark at Point Lookout, the place of the beginning.

  (3) Susquehanna Flats: Beginning at Stump Point on the western side of Furnace Bay; thence in a straight line easterly to Carpenter Point; thence in a straight line southeasterly to Red Point; thence southerly along the mean low waterline to Turkey Point; thence in a straight line westerly to Sandy Point; thence northwesterly along the mean low waterline to Locust Point; thence westerly following the shoreline to Plum Point; thence in a straight line northwesterly to Swan Creek Point; thence northeasterly along the mean low waterline to Concord Point; thence in a straight line easterly to Stump Point.

  (4) Elk River: Beginning at Turkey Point; thence northeast following the shoreline to Hyland's Point on the Elk River; thence northeast following the shoreline to Bull Minnow Point; thence east to Welch Point; thence southeast following the shoreline to Town Point; thence southwest to Arnold Point; thence southwest following the shoreline to Grove Point; thence north to Turkey Point.

  (5) Sassafras River: Beginning at Grove Point, only in the Cecil County portion of the Sassafras River located west of 75º 58' 45".

  (6) The open waters of Hooper Strait, Fishing Bay, and Holland Strait in Dorchester County and Kedges Strait and Pocomoke Sound in Somerset County.

  (7) That part of the open waters of Tangier Sound,  Monie Bay, Manokin River, and Big Annemessex River in Dorchester, Somerset and Wicomico counties described as follows: Keeping to the south of a line drawn between the southernmost tip of Frog Point, Dorchester County and the southernmost tip of Nanticoke Point, Wicomico County; keeping to the south of a line drawn between the southernmost tip of Nanticoke Point, Wicomico County and the westernmost tip of Wingate Point, Somerset County; and keeping to the south of a line drawn between St. Pierre Island, Somerset County and the northernmost tip of Cormal Point, Somerset County.

  (8) The open waters of Pocomoke Sound, Somerset County and in Chincoteague Bay, Newport Bay, and Isle of Wight Bay, Worcester County.

  (9) The waters of the Atlantic Ocean opposite the Maryland Shore.

C. A person hunting wild waterfowl in the offshore hunting zone shall remain at least:

  (1) 800 yards from any shore including shore emerging at mean low water, except in the following waters, where a person hunting wild waterfowl shall remain at least 400 yards from shore including shore emerging at mean low water:

    (a) Chesapeake Bay located in Baltimore, Harford, and St. Mary’s counties as described in §B(1) of this regulation;

    (b) Potomac River as described in §B(2) of this regulation;

    (c) Susquehanna Flats as described in §B(3) of this regulation; and

    (d) Dorchester, Somerset and Wicomico counties as described in §B(6)—(7) of this regulation.

  (2) 250 yards from any person legally hunting wild waterfowl; and

  (3) 500 yards from any bridge, road, or causeway.

#### Regulation .08 Repealed.

*COMAR 08.03.07.08*

#### Regulation .09 Migratory Bird Tagging Requirement.

*COMAR 08.03.07.09*

A. A person may not put or leave any migratory game birds at any place other than at his personal abode, or in the custody of another person for picking, cleaning, processing, shipping, transportation, storage (including temporary storage), or for the purpose of having taxidermy services performed, unless the birds have been properly tagged by the hunter. Migratory game birds may not be considered in storage or temporary storage if they are being transported in a vehicle and are in the possession of the hunter.

B. Tagging.

  (1) It shall be the responsibility of the hunter to furnish and tag migratory game birds. The tag shall include the:

    (a) Hunter's signature;

    (b) Home address;

    (c) Hunting license number and state where issued, when applicable;

    (d) Total number and species of birds; and

    (e) Date the birds were killed.

  (2) One tag may be used to tag the entire daily bag limit or any part of it. It is not necessary to tag each individual bird.

C. A person may not receive, or have in custody, any migratory game birds belonging to another person or persons unless the birds are properly tagged as required by §B of this regulation.

#### Regulation .10 Resident Canada Goose Depredation Control.

*COMAR 08.03.07.10*

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Agricultural facilities” means any parcel or parcels of land from which $1,000 or more of agricultural products were produced and sold, or normally have been produced and sold, during the last 12 month period.

  (2) “Agricultural producer” means an agricultural lease holder, farm manager, landowner, or sharecropper, who is actively engaged in commercial agriculture.

  (3) “Resident Canada goose” means a Canada goose that:

    (a) Nests within Maryland; or

    (b) Resides in Maryland during the months of April, May, June, July, and August.

  (4) “Wildlife Services” means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.

C. Authorization Required.

  (1) If a person complies with this regulation the person may use lethal means to control resident Canada geese or destroy the nest or eggs of resident Canada geese, outside the provisions of the Canada goose hunting seasons established annually by the U.S. Fish and Wildlife Service.

  (2) Authorization is not needed to use nonlethal methods to control resident Canada geese to resolve or prevent injury to people, property, agricultural crops or other interests.

D. Resident Canada Goose Nests and Eggs.

  (1) The Code of Federal Regulations, 50 CFR §21.50:

    (a) Authorizes persons registered with the U.S. Fish and Wildlife Service to destroy resident Canada goose nests and eggs on property under their jurisdiction when necessary to resolve or prevent injury to people, property, agricultural crops, or other interests; and

    (b) Specifies terms and conditions under which this action may be taken.

  (2) A person may destroy the nests and eggs of resident Canada geese if the person is registered and authorized in accordance with 50 CFR §21.50 and in compliance with the provisions of 50 CFR §21.50.

E. Resident Canada Geese at Agricultural Facilities.

  (1) The Code of Federal Regulations, 50 CFR §21.51:

    (a) Authorizes the Department to allow agricultural producers to conduct and implement various control methods for resident Canada geese at agricultural facilities; and

    (b) Specifies terms and conditions under which this action may be taken.

  (2) Subject to the provisions of 50 CFR §21.51, the Department establishes procedures and conditions for the control of resident Canada geese at agricultural facilities.

  (3) Permit Required.

    (a) An agricultural producer who wishes to control resident Canada geese at agricultural facilities may do so after obtaining a permit from the Department through Wildlife Services.

    (b) To obtain a permit under §E(3) of this regulation, the individual shall:

      (i) Be an agricultural producer at an agricultural facility suffering from resident Canada goose depredation; and

      (ii) Apply to Wildlife Services in person at 1568 Whitehall Road, Annapolis, MD 21409, or by telephone to 1-877-463-6497.

  (4) Term. Permits are valid from the date of issue until August 31 and are issued annually.

  (5) Permitted Individuals. Agricultural producers at an agricultural facility suffering from resident Canada goose depredation and their employees or agents may act under the authority of a permit.

  (6) Permit Possession Required. All individuals acting under the authority of a resident Canada goose depredation permit shall have in their possession a copy of the permit.

  (7) Methods of Control.

    (a) Permittees should use nonlethal goose management tools to the extent they consider appropriate. To minimize lethal control, agricultural producers should adhere to the following procedure:

      (i) Assess the problem to determine its extent or magnitude and its impact to current operations;

      (ii) Determine the appropriate control method to be used;

      (iii) Base control methods on sound biological, environmental, social, and cultural factors;

      (iv) Formulate a control strategy that encourages the use of several control techniques rather than relying on a single method; and

      (v) Implement nonlethal management techniques, such as harassment and habitat modification, in conjunction with take authorized under §E of this regulation.

    (b) The following methods of take for the control of resident Canada geese are permitted:

      (i) Egg oiling;

      (ii) Egg and nest destruction;

      (iii) Shotguns;

      (iv) Lethal and live traps;

      (v) Nets;

      (vi) Registered animal drugs, pesticides, and repellants;

      (vii) Cervical dislocation; and

      (viii) CO2 asphyxiation.

    (c) Resident Canada geese caught live shall be euthanized.

    (d) Persons using shotguns shall use nontoxic shot, in accordance with 50 CFR §20.21(j).

    (e) Persons conducting egg oiling shall use 100 percent corn oil.

  (8) Timing of Control.

    (a) Authorized agricultural producers and their employees and agents may only conduct management and control activities involving the take of resident Canada geese, under this regulation from April 1 through August 31.

    (b) The destruction of the nests and eggs of resident Canada geese may take place at any time of year.

  (9) Possession and Transport. Permitted agricultural producers and their employees and agents may possess, transport, and otherwise dispose of resident Canada geese taken under this regulation.

  (10) Disposal. Birds taken under this regulation shall be disposed of by:

    (a) Donation to public museums or public institutions for scientific or educational purposes;

    (b) Processing for human consumption and subsequent distribution free of charge to charitable organizations;

    (c) Burial; or

    (d) Incineration.

  (11) Sale. Resident Canada geese or resident Canada goose plumage or eggs taken under §E of this regulation may not be sold, offered for sale, bartered, or shipped for the purpose of sale or barter.

  (12) Scientific Specimens. Specimens requested for scientific purposes by the Director of the U.S. Fish and Wildlife Service or the Department may not be destroyed and shall be provided to the requesting authority.

  (13) Banded Geese. Information on geese carrying metal leg bands or other alpha-numeric markers shall be submitted to the Bird Banding Laboratory website at www.reportband.gov.

  (14) Landowner Permission. Resident Canada geese may be taken only on land:

    (a) Which a permittee owns, leases for agricultural purposes, or on which the permittee has written permission from the landowner; and

    (b) Where resident Canada geese are committing depredation to agricultural crops.

  (15) Use of Devices. Agricultural producers, employees, and agents operating under the provisions of this regulation may not use decoys, calls, or other devices to lure birds within gun range.

  (16) Record Keeping and Reporting.

    (a) Each permittee shall keep a log contemporaneously with the activity that indicates the date and number of birds killed and the date and number of nests and eggs taken under the authority of the permit.

    (b) The log shall be kept by the permittee for 3 years.

    (c) The log and any related records shall be made available to any federal or State wildlife enforcement officer upon request during normal business hours.

    (d) The permittee must submit an annual report in a form prescribed by the Department and Wildlife Services to the Wildlife Services, 1568 Whitehall Road, Annapolis, MD 21409 by September 30 of each year detailing by county the number of birds, nests, and eggs taken.

F. Resident Canada Geese at Airports and Military Airfields.

  (1) The Code of Federal Regulations, 50 CFR §21.49:

    (a) Authorizes managers at commercial, public, and private airports, and their employees or their agents, and military air operation facilities, and their employees or their agents, to establish and implement a control and management program if necessary to resolve or prevent threats to public safety from resident Canada geese; and

    (b) Specifies terms and conditions under which this action may be taken.

  (2) A person may control resident Canada geese if the person is authorized in accordance with 50 CFR §21.49 and in compliance with the provisions of 50 CFR §21.49.

  (3) Resident Canada geese caught live shall be euthanized.

G. Federal Migratory Bird Depredation Permit.

  (1) The Code of Federal Regulations, 50 CFR §21.41:

    (a) Authorizes the U.S. Fish and Wildlife Service to issue permits to persons for the control of resident Canada geese; and

    (b) Specifies terms and conditions under which this action may be taken.

  (2) A person may control resident Canada geese if the person is permitted in accordance with 50 CFR §21.41, in compliance with the provisions of 50 CFR §21.41, and in compliance with the terms and conditions of the permit.

#### Regulation .11 Release of Captive-Raised Mallards.

*COMAR 08.03.07.11*

A. Except as provided for in §B of this regulation, a person may not release captive-raised mallard ducks to the wild.

B. Persons possessing the following permits from the Department may release captive-raised mallard ducks to the wild as authorized by their permit:

  (1) Regulated shooting area permit issued pursuant to COMAR 08.03.13.02;

  (2) Retriever training permit issued pursuant to COMAR 08.03.09.09; or

  (3) Field trial permit issued pursuant to Natural Resources Article, §10-701, Annotated Code of Maryland.

#### Regulation .12 Shooting Hours for Light Goose Conservation Order Season.

*COMAR 08.03.07.12*

A person may hunt light geese from 1/2 hour prior to sunrise to 1/2 after sunset during the Light Goose Conservation Order season if this method is allowed in Maryland pursuant to a final rule adopted by the Department of the Interior, U.S. Fish and Wildlife Service, as published in the Federal Register pursuant to 50 CFR 21.

#### Regulation .13 Shooting Hours for Resident Canada Geese in September.

*COMAR 08.03.07.13*

A person may hunt resident Canada geese in September from 1/2 hour prior to sunrise to 1/2 after sunset if this method is allowed in Maryland pursuant to a final rule adopted by the Department of the Interior, U.S. Fish and Wildlife Service, as published in the Federal Register pursuant to 50 CFR 20.

### Chapter 08 — Threatened and Endangered Species

**Authority:** Natural Resources Article, §§4-2A-01—4-2A-09 and 10-2A-01—10-2A-09, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01 and .02 were previously codified as Regulations .43 and .65, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01.

**Administrative History:** Regulation .01 amended effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulations .01 and .02 repealed effective June 29, 1987 (14:13 Md. R. 1471)

**Administrative History:** Regulations .01—.11 adopted effective June 29, 1987 (14:13 Md. R. 1471)

**Administrative History:** Regulation .01 amended effective June 26, 1989 (16:12 Md. R. 1334); December 24, 1990 (17:25 Md. R. 2906)

**Administrative History:** Regulations .04B and C, .05C, .06, .07C, .08C, .09C, and .10C amended and Regulation .11 recodified to Regulation .12 and new Regulation .11 adopted effective December 24, 1990 (17:25 Md. R. 2906)

**Administrative History:** Regulation .11-1 adopted as an emergency provision effective April 13, 1992 (19:8 Md. R. 799)

**Administrative History:** Regulation .11-1 adopted effective August 3, 1992 (19:15 Md. R. 1388)

**Administrative History:** Chapter revised effective October 24, 1994 (21:21 Md. R. 1813)

**Administrative History:** Regulation .01B amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578); December 31, 2007 (34:26 Md. R. 2261)

**Administrative History:** Regulation .04C amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

**Administrative History:** Regulation .05C amended effective January 22, 2001 (28:1 Md. R. 25); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

**Administrative History:** Regulation .06 amended effective October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

**Administrative History:** Regulation .06C amended effective January 22, 2001 (28:1 Md. R. 25); November 10, 2003 (30:22 Md. R. 1578)

**Administrative History:** Regulation .07C amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

**Administrative History:** Regulation .08C amended effective January 22, 2001 (28:1 Md. R. 25); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

**Administrative History:** Regulation .09C amended effective November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

**Administrative History:** Regulation .10B amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578)

**Administrative History:** Regulation .12 amended effective November 10, 2003 (30:22 Md. R. 1578)

**Administrative History:** Regulation .14 adopted effective December 31, 2007 (34:26 Md. R. 2261)

**Administrative History:** Chapter revised effective August 29, 2016 (43:17 Md. R. 953)

**Administrative History:** Regulation .01B amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

**Administrative History:** Regulation .03A amended effective September 26, 2016 (43:19 Md. R. 1071)

**Administrative History:** Regulation .04C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

**Administrative History:** Regulation .05C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

**Administrative History:** Regulation .06 amended effective February 8, 2021 (48:3 Md. R. 93)

**Administrative History:** Regulation .06C, F, I amended effective August 4, 2025 (52:15 Md. R. 811)

**Administrative History:** Regulation .07C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

**Administrative History:** Regulation .08C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

**Administrative History:** Regulation .09C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

#### Regulation .01 Definitions.

*COMAR 08.03.08.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Wildlife and Heritage Service.

  (2) “Director” means the Director of the Wildlife and Heritage Service.

  (3) “Endangered extirpated species” means any species that was once a viable component of the flora or fauna of the State but for which no naturally occurring populations are known to exist in the State. Most of these species have not been recorded in Maryland since 1950.

  (4) “Endangered species” means any species whose continued existence as a viable component of the State's flora or fauna is determined to be in jeopardy including any species determined to be an “endangered species” pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§1531—1543.

  (5) “Harass” means an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying wildlife to an extent that significantly disrupts normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering.

  (6) Harm.

    (a) “Harm” means an act which kills or injures wildlife.

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

  (7) “Incidental taking” means takings of listed species that are incidental to, and not the purpose of, the carrying out of an otherwise lawful activity conducted by a person on private property.

  (8) “Jeopardize the continued existence of” means to engage in an action which reasonably would be expected, directly or indirectly, to reduce appreciably the likelihood of either the survival or recovery of a listed species in the wild by reducing the reproduction, numbers, or distribution of a listed species or otherwise adversely affecting the species.

  (9) “Listed species” means a species of flora or fauna deemed endangered, threatened or in need of conservation in this chapter due to any of the following factors:

    (a) Present or threatened destruction, modification, or curtailment of the species' habitat or range;

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

    (c) Disease or predation;

    (d) Inadequacy of existing regulatory mechanisms; or

    (e) Other natural or manmade factors affecting the species' continued existence within the State.

  (10) “Natural heritage area” means any natural community of species designated in Regulation .10 in this chapter.

  (11) “Person” means any county, municipal corporation, or other political subdivision of the State, an individual, corporation, receiver, trustee, guardian, executor, administrator, fiduciary, or representative.

  (12) “Site” is property or properties, owned singularly or in combination, that support threatened or endangered species.

  (13) “Species” means any species of wildlife or plant and reptiles, amphibians, crustaceans, mollusks, and the following finfish: Acipenser brevirostrum, Acipenser oxyrinchus, Alburnops chalybaeus, Catostomus catostomus, Centrarchus macropterus, Enneacanthus chaetodon, Etheostoma sellare, Etheostoma vitreum, Lethenteron appendix, Luxilus chrysocephalus, Margariscus margarita, Notropis bifrenatus, Noturus flavus, Pararhinichthys bowersi, Percina bimaculata, Percina notogramma, Percopsis omiscomaycus, or any part, egg, offspring, or dead body of any of them.

  (14) “Species in need of conservation” means any species determined by the Secretary to be in need of conservation measures for its continued ability to sustain itself successfully.

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

  (16) “Threatened species” means any species of flora or fauna which appears likely, within the foreseeable future, to become endangered including any species determined to be a “threatened species” pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§1531—1543.

#### Regulation .02 Petitioning.

*COMAR 08.03.08.02*

A. Except for species determined to be threatened or endangered pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§1531—1543, any interested person may petition the Director to add or remove a species or natural heritage area to or from a list in this chapter. The Director shall review the evidence regarding the requested action and make a recommendation to the Secretary whether or not to list or delist the species or natural heritage area.

B. In a petition to list or delist a natural heritage area, the following information shall be provided:

  (1) A map of the proposed natural heritage area;

  (2) A description of the physical boundaries of the proposed area, total acreage, landowner name and address;

  (3) A description of the biological community represented by the natural heritage area including, as far as practical, a list of the fauna and flora there, and other geologic, hydrologic, or other features which blend together to make this area unique;

  (4) A description of all major threats to the continued existence of the area, or if petitioning to delist an area, a description of how the natural features and species composition of the area have changed so it is no longer suitable to be designated as a natural heritage area;

  (5) A statement indicating why the area should or should not be considered as among the best statewide examples of its kind;

  (6) Other relevant information which might assist the Director in making a determination.

C. All sites used for evidence of current abundance shall be extant and all sitings shall be documented with appropriate vouchers. In a petition to list or delist a species, the following information shall be provided:

  (1) A description of the biological distribution of the species in Maryland.

  (2) Its life needs and habitat requirements.

  (3) Evidence of its decline or evidence that it is more common than previously believed and documented.

  (4) All known threats which jeopardize its continued existence.

  (5) Other relevant biological and ecological data or other life history information pertinent to its status.

  (6) The species shall be presently recognized as a valid species, or infraspecific taxa of regional or national significance. There shall be adequate documentation that it occurs naturally and is permanently established in Maryland.

#### Regulation .03 Permits.

*COMAR 08.03.08.03*

A. Permits to take, transport, possess, sell, offer for sale, export or import any listed species may be obtained from the Director only after written application on a form provided by the Administration, and upon payment of a fee of $10.

B. Each permit shall be subject to an expiration date and other limitations as may be prescribed by the Director.

C. Each permit application requesting permission to take a listed species from private property shall be accompanied by a signed statement from the landowner granting the applicant permission to enter the property to take the species.

D. A permit application shall describe the purpose of the request in such detail that the Director can determine whether it is in the best interest of the species and the State to issue it.

E. The Director shall consider, but not be limited to, the following information:

  (1) The number of other known occurrences of the species in the State;

  (2) Which of the occurrences of the species in §E(1) exist on:

    (a) Private lands,

    (b) Public lands, and

    (c) What protection there is for the species' continued existence;

  (3) The number of individuals in the occurrences of the species in §E(1) and the relative state of ecological stability.

F. Violation of any provision or restriction of the permit shall constitute a violation of this regulation and may result, at the discretion of the Director, in the revocation of the permit and confiscation of the species taken or possessed.

#### Regulation .04 Endangered Species of Wildlife, Reptiles, Amphibians, Mollusks, Crustaceans, and Finfish.

*COMAR 08.03.08.04*

A. Listing Criteria. The following factors shall be considered for listing any species other than plants as endangered:

  (1) Whether the species is restricted to a minimal geographic area within Maryland;

  (2) Whether the species has experienced a rapid, substantial decline in Maryland, and if the decline continues, the species' extirpation from Maryland is imminent;

  (3) Whether the species' essential habitat has been rapidly lost and that loss is likely to continue;

  (4) Whether the species' biology makes it highly susceptible to changes in its environment; or

  (5) Whether the species' essential habitat is easily altered by even relatively minor activities.

B. Permits. The permit procedures to be followed are set forth in Regulation .03. The following apply:

  (1) Permits shall be issued only for:

    (a) Scientific research designed to enhance the recovery of the species or population, or

    (b) Appropriate educational purposes designed to further public awareness regarding the species;

  (2) A person may not take, export, possess, process, sell or offer for sale, deliver, carry, transport, or ship by any means any endangered wildlife, reptile, amphibian, mollusk, crustacean, or finfish species except by special permit from the Director.

C. Except for the smaller range which is indicated in §C(7)(d) and (8)(a) of this regulation, the following wildlife, reptile, amphibian, mollusk, crustacean, and finfish species are considered endangered throughout Maryland:

  (1) Platyhelminthes:

    (a) A planarian (Procotyla typhlops); and

    (b) Hoffmaster’s cave planarian (Sphalloplana hoffmasteri);

  (2) Mollusks:

    (a) Dwarf wedgemussel (Alasmidonta heterodon);

    (b) Brook floater (Alasmidonta varicosa);

    (c) Blue Ridge spring snail (Fontigens orolibas); and

    (d) Green floater (Lasmigona subviridis);

  (3) Crustaceans:

    (a) Allegheny spring isopod (Caecidotea alleghenyensis);

    (b) Franz's cave isopod (Caecidotea franzi);

    (c) Pennsylvania cave crangonyctid (Crangonyx dearolfi);

    (d) Holsinger’s cave isopod (Pseudobaicalasellus holsingeri);

    (e) Maus’ cave isopod (Pseudobaicalasellus mausi);

    (f) Vandel’s cave isopod (Pseudobaicalasellus vandeli);

    (g) Friendly cave amphipod (Stygobromus amicus);

    (h) Biggers' cave amphipod (Stygobromus biggersi);

    (i) Cecil groundwater amphipod (Stygobromus cecilius);

    (j) Greenbrier cave amphipod (Stygobromus emarginatus);

    (k) Feller’s groundwater amphipod (Stygobromus felleri);

    (l) Rappahannock spring amphipod (Stygobromus foliatus);

    (m) Shenandoah Valley cave amphipod (Stygobromus gracilipes);

    (n) Rock Creek groundwater amphipod (Stygobromus kenki);

    (o) Prettyboy groundwater amphipod (Stygobromus paxillus); and

    (p) Capital Area groundwater amphipod (Stygobromus sextarius);

  (4) Insects:

    (a) Rusty-patched bumble bee (Bombus affinis);

    (b) Frosted elfin (Callophrys irus);

    (c) Hoary elfin (Callophrys polios);

    (d) Eastern pinebarrens tiger beetle (Cicindela abdominalis);

    (e) Appalachian tiger beetle (Cicindela ancocisconensis);

    (f) Northern barrens tiger beetle (Cicindela patruela);

    (g) Six-banded longhorn beetle (Dryobius sexnotatus);

    (h) Ghost tiger beetle (Ellipsoptera lepida);

    (i) Puritan tiger beetle (Ellipsoptera puritana);

    (j) Early hairstreak (Erora laeta);

    (k) Mottled duskywing (Erynnis martialis);

    (l) Two-spotted skipper (Euphyes bimacula);

    (m) Northeastern beach tiger beetle (Habroscelimorpha dorsalis);

    (n) A tenebrionid beetle (Helops cisteloides);

    (o) Seth Forest water scavenger beetle (Hydrochus spangleri);

    (p) White corporal (Ladona exusta);

    (q) Eastern sedge barrens leafhopper (Limotettix minuendus);

    (r) Bog copper (Lycaena epixanthe);

    (s) Elfin skimmer (Nannothemis bella);

    (t) Appalachian snaketail (Ophiogomphus incurvatus incurvatus);

    (u) Chermock's mulberry wing (Poanes massasoit chermocki);

    (v) Palamedes swallowtail (Pterourus palamedes);

    (w) Southern grizzled skipper (Pyrgus wyandot);

    (x) Spatterdock darner (Rhionaeschna mutata);

    (y) Hickory hairstreak (Satyrium caryaevorus);

    (z) Edwards' hairstreak (Satyrium edwardsii);

    (aa) Northern oak hairstreak (Satyrium favonius ontario);

    (bb) King's hairstreak (Satyrium kingi);

    (cc) A tenebrionid beetle (Schoenicus puberulus); and

    (dd) Treetop emerald (Somatochlora provocans);

  (5) Finfish:

    (a) Shortnose sturgeon (Acipenser brevirostrum);

    (b) Atlantic sturgeon (Acipenser oxyrinchus);

    (c) Ironcolor shiner (Alburnops chalybaeus);

    (d) Blackbanded sunfish (Enneacanthus chaetodon);

    (e) Maryland darter (Etheostoma sellare);

    (f) Stonecat (Noturus flavus); and

    (g) Stripeback darter (Percina notogramma);

  (6) Amphibians:

    (a) Eastern tiger salamander (Ambystoma tigrinum);

    (b) Green salamander (Aneides aeneus);

    (c) Eastern hellbender (Cryptobranchus alleganiensis);

    (d) Barking tree frog (Dryophytes gratiosa);

    (e) Eastern narrow-mouthed toad (Gastrophryne carolinensis; and

    (f) Mountain chorus frog (Pseudacris brachyphona);

  (7) Reptiles:

    (a) Leatherback sea turtle (Dermochelys coriacea);

    (b) Atlantic hawksbill sea turtle (Eretmochelys imbricata);

    (c) Rainbow snake (Farancia erytrogramma);

    (d) Northern map turtle (Graptemys geographica) — Susquehanna River watershed only;

    (e) Kemp’s ridley sea turtle (Lepidochelys kempii);

    (f) Northern coal skink (Plestiodon anthracinus); and

    (g) Mountain earthsnake (Virginia valeriae pulchra);

  (8) Birds:

    (a) American goshawk (Accipiter atricapillus)—Garrett and Allegany Counties only;

    (b) Wilson’s plover (Anarhynchus wilsonia);

    (c) Short-eared owl (Asio flammeus);

    (d) Upland sandpiper (Bartramia longicauda);

    (e) Piping plover (Charadrius melodus);

    (f) Sedge wren (Cistothorus stellaris);

    (g) Gull-billed tern (Gelochelidon nilotica);

    (h) Mourning warbler (Geothlypis philadelphia);

    (i) Loggerhead shrike (Lanius ludovicianus);

    (j) Black rail (Laterallus jamaicensis);

    (k) Swainson's warbler (Limnothlypis swainsonii);

    (l) Black skimmer (Rynchops niger);

    (m) Common tern (Sterna hirundo); and

    (n) Royal tern (Thalasseus maximus);

  (9) Mammals:

    (a) Sei whale (Balaenoptera borealis);

    (b) Blue whale (Balaenoptera musculus);

    (c) Fin whale (Balaenoptera physalus);

    (d) North Atlantic right whale (Eubalaena glacialis);

    (e) Humpback whale (Megaptera novaeangliae);

    (f) Southern rock vole (Microtus chrotorrhinus carolinensis);

    (g) Eastern small-footed myotis (Myotis leibii);

    (h) Northern long-eared bat (Myotis septentrionalis);

    (i) Indiana myotis (Myotis sodalis);

    (j) Allegheny wood rat (Neotoma magister);

    (k) Sperm whale (Physeter catodon); and

    (l) Southern water shrew (Sorex palustris punctulatus).

#### Regulation .05 Endangered Species of Plants.

*COMAR 08.03.08.05*

A. Listing Criteria. The following factors shall be considered for listing a plant species as endangered:

  (1) Whether only a few populations are known in Maryland and they cover only a small portion of land;

  (2) Whether the species is restricted to a minimal geographic area;

  (3) Whether the species has experienced a substantial decline in Maryland, and if the decline continues, the species’ extirpation from Maryland is imminent;

  (4) Whether the species’ essential habitat has been rapidly lost and that loss is likely to continue;

  (5) Whether the species’ biology makes it highly susceptible to changes in its environment; or

  (6) Whether the species’ essential habitat is easily altered by even relatively minor activities.

B. Permits. The permit procedures to be followed are set forth in Regulation .03 of this chapter. The following apply:

  (1) Permits shall be issued only for scientific research designed to enhance the recovery of the species or population;

  (2) A person may not:

    (a) Export, possess, process, sell, offer for sale, deliver, carry, transport, or ship by any means any endangered plant species without a special permit from the Director, the federal government, or another state government;

    (b) Take any endangered plant species from State property except by special permit from the Director; and

    (c) Take any endangered plant species from private property without the written permission of the landowner.

C. The following plant species are considered endangered throughout Maryland unless a smaller range is indicated:

  (1) Blue monkshood (Aconitum uncinatum);

  (2) Sensitive joint vetch (Aeschynomene virginica);

  (3) Earleaf false foxglove (Agalinis auriculata);

  (4) Sandplain gerardia (Agalinis decemloba);

  (5) Thread-leaved gerardia (Agalinis setacea);

  (6) Pale false foxglove (Agalinis skinneriana);

  (7) Woodland agrimony (Agrimonia striata);

  (8) Seabeach amaranth (Amaranthus pumilus);

  (9) Roundleaf shadbush (Amelanchier sanguinea);

  (10) Filmy angelica (Angelica triquinata);

  (11) Vanilla grass (Anthoxanthum hirtum);

  (12) Missouri rock cress (Arabis missouriensis);

  (13) Bristly sarsaparilla (Aralia hispida);

  (14) Bearberry (Arctostaphylos uva-ursi);

  (15) Woolly three-awn (Aristida lanosa);

  (16) Lake-cress (Armoracia lacustris);

  (17) Leopard’s-bane (Arnica acaulis);

  (18) Red milkweed (Asclepias rubra);

  (19) Lobed spleenwort (Asplenium pinnatifidum);

  (20) Canadian milkvetch (Astragalus canadensis);

  (21) Aster-like boltonia (Boltonia asteroides var. glastifolia);

  (22) Broad-glumed brome (Bromus latiglumis);

  (23) Wild calla (Calla palustris);

  (24) Tuberous grass-pink (Calopogon tuberosus);

  (25) Long’s bitter cress (Cardamine longii);

  (26) Summer sedge (Carex aestivalis);

  (27) Carey’s sedge (Carex careyana);

  (28) Field sedge (Carex conoidea);

  (29) Davis’ sedge (Carex davisii);

  (30) Cypress-knee sedge (Carex decomposita);

  (31) Lesser panicled sedge (Carex diandra);

  (32) Ebony sedge (Carex eburnea);

  (33) Coast sedge (Carex exilis);

  (34) Fraser’s sedge (Carex fraserianus);

  (35) Southern waxy sedge (Carex glaucescens);

  (36) Cloud sedge (Carex haydenii);

  (37) Hitchcock’s sedge (Carex hitchcockiana);

  (38) Porcupine sedge (Carex hystericina);

  (39) Slender sedge (Carex lasiocarpa);

  (40) Mead’s sedge (Carex meadii);

  (41) Longstalk sedge (Carex pedunculata);

  (42) Richardson’s sedge (Carex richardsonii);

  (43) Sea-beach sedge (Carex silicea);

  (44) Slender sedge (Carex tetanica);

  (45) Tuckerman’s sedge (Carex tuckermanii);

  (46) Big shellbark hickory (Carya laciniosa);

  (47) Scarlet Indian-paintbrush (Castilleja coccinea);

  (48) Sleepingplant (Chamaecrista fasciculata var. macrosperma);

  (49) Dwarf dogwood (Chamaepericlymenum canadense);

  (50) Bulb-bearing water-hemlock (Cicuta bulbifera);

  (51) Spreading pogonia (Cleistesiopsis divaricata);

  (52) Purple clematis (Clematis occidentalis);

  (53) Long-bract green orchis (Coeloglossum viride);

  (54) Goldthread (Coptis trifolia);

  (55) Early coralroot (Corallorhiza trifida);

  (56) Spring coralroot (Corallorhiza wisteriana);

  (57) Rose coreopsis (Coreopsis rosea);

  (58) Tall tickseed (Coreopsis tripteris);

  (59) Water pygmyweed (Crassula aquatica);

  (60) Plains frostweed (Crocanthemum bicknellii);

  (61) Smartweed dodder (Cuscuta polygonorum);

  (62) Beaked dodder (Cuscuta rostrata);

  (63) Plukenet’s flatsedge (Cyperus plukenetii);

  (64) Small white lady’s-slipper (Cypripedium candidum);

  (65) Tall larkspur (Delphinium exaltatum);

  (66) Tufted hair grass (Deschampsia caespitosa);

  (67) Stiff tick-trefoil (Desmodium obtusum);

  (68) Cream tick-trefoil (Desmodium ochroleucum);

  (69) Pineland tick-trefoil (Desmodium strictum);

  (70) Wright’s witchgrass (Dicanthelium wrightianum);

  (71) Pink sundew (Drosera capillaris);

  (72) Mountain woodfern (Dryopteris campyloptera);

  (73) Clinton’s woodfern (Dryopteris clintoniana);

  (74) Upright burhead (Echinodorus cordifolius);

  (75) Flat-stem spikerush (Eleocharis compressa var. compressa);

  (76) Horsetail spikerush (Eleocharis equisetoides);

  (77) Saltmarsh spikerush (Eleocharis halophila);

  (78) Matted spikerush (Eleocharis intermedia);

  (79) Black-fruit spikerush (Eleocharis melanocarpa);

  (80) Robbins’ spikerush (Eleocharis robbinsii);

  (81) Three-angle spikerush (Eleocharis tricostata);

  (82) Downy willowherb (Epilobium strictum);

  (83) Water horsetail (Equisetum fluviatile);

  (84) Woodland horsetail (Equisetum sylvaticum);

  (85) Seven-angle pipewort (Eriocaulon aquaticum);

  (86) Slender cotton-grass (Eriophorum gracile);

  (87) Glade spurge (Euphorbia purpurea);

  (88) Bluntleaf spurge (Euphorbia spathulata);

  (89) Rough wood-aster (Eurybia radula);

  (90) Showy aster (Eurybia spectabilis);

  (91) Queen of the prairie (Filipendula rubra);

  (92) Harper’s fimbristylis (Fimbristylis perpusilla);

  (93) Northern bedstraw (Galium boreale);

  (94) Coast bedstraw (Galium hispidulum);

  (95) Creeping snowberry (Gaultheria hispidula);

  (96) Box huckleberry (Gaylussacia brachycera);

  (97) Dwarf huckleberry (Gaylussacia dumosa);

  (98) Striped gentian (Gentiana villosa);

  (99) Stiff gentian (Gentianella quinquefolia);

  (100) Fringed gentian (Gentianopsis crinita);

  (101) Appalachian sandwort (Geocarpon glabrum);

  (102) Yellow avens (Geum aleppicum);

  (103) Sharp-scaled manna grass (Glyceria acutiflora);

  (104) American manna grass (Glyceria grandis);

  (105) Short’s hedge hyssop (Gratiola viscidula);

  (106) Northern oak fern (Gymnocarpium dryopteris);

  (107) Broad-leaved beard grass (Gymnopogon brevifolius);

  (108) Smooth sunflower (Helianthus laevigatus);

  (109) Swamp-pink (Helonias bullata);

  (110) Crested coralroot (Hexalectris spicata);

  (111) Virginia heartleaf (Hexastylis virginica);

  (112) Seabeach sandwort (Honckenya peploides);

  (113) Golden-heather (Hudsonia ericoides);

  (114) Few-flower tick-trefoil (Hylodesmum pauciflorum);

  (115) Creeping St. John’s-wort (Hypericum adpressum);

  (116) Eastern bloodleaf (Iresine rhizomatosa);

  (117) Crested dwarf iris (Iris cristata);

  (118) Slender blue flag (Iris prismatica);

  (119) Dwarf iris (Iris verna);

  (120) New Jersey rush (Juncus caesariensis);

  (121) Long’s rush (Juncus longii);

  (122) Brown-fruit rush (Juncus pelocarpus);

  (123) Carolina redroot (Lachnanthes caroliana);

  (124) Larch (Larix laricina);

  (125) Vetchling peavine (Lathyrus palustris);

  (126) Club-head cutgrass (Leersia hexandra);

  (127) Catchfly-grass (Leersia lenticularis);

  (128) Star duckweed (Lemna trisulca);

  (129) Scaly gayfeather (Liatris squarrosa);

  (130) American frog’s-bit (Limnobium spongia);

  (131) Mudwort (Limosella australis);

  (132) Grooved yellow flax (Linum sulcatum);

  (133) Dwarf bulrush (Lipocarpha micrantha);

  (134) Kidneyleaf twayblade (Listera smallii);

  (135) American gromwell (Lithospermum latifolium);

  (136) Soft-hairy false gromwell (Lithospermum molle);

  (137) Virginia false gromwell (Lithospermum virginianum);

  (138) Pond spice (Litsea aestivalis);

  (139) Canby’s lobelia (Lobelia canbyi);

  (140) American fly-honeysuckle (Lonicera canadensis);

  (141) Hairy ludwigia (Ludwigia hirtella);

  (142) Sessile-leaved bugleweed (Lycopus amplectens);

  (143) Water loosestrife (Lysimachia thyrsiflora);

  (144) Winged-loosestrife (Lythrum alatum);

  (145) Starflower Solomon’s-plume (Maianthemum stellatum);

  (146) Climbing milkweed (Matelea obliqua);

  (147) Purple mecardonia (Mecardonia acuminata);

  (148) Bog buckbean (Menyanthes trifoliata);

  (149) Wrinkled joint grass (Mnesithea rugosa);

  (150) Grove sandwort (Moehringia lateriflora);

  (151) Sweet pinesap (Monotropsis odorata);

  (152) Long-awn hairgrass (Muhlenbergia capillaris);

  (153) Torrey’s dropseed (Muhlenbergia torreyana);

  (154) Slender rattlesnake root (Nabalus autumnalis);

  (155) Glade mallow (Napaea dioica);

  (156) Big floatingheart (Nymphoides aquatica);

  (157) Little floatingheart (Nymphoides cordata);

  (158) Highland rush (Oreojuncus trifidus);

  (159) Sourwood (Oxydendrum arboreum);

  (160) Wiry witch grass (Panicum flexile);

  (161) Kidneyleaf grass-of-Parnassus (Parnassia asarifolia);

  (162) Yellow nailwort (Paronychia virginica);

  (163) American feverfew (Parthenium integrifolium);

  (164) Canby’s mountain-lover (Paxistima canbyi);

  (165) Swamp lousewort (Pedicularis lanceolata);

  (166) Smooth cliffbrake (Pellaea glabella);

  (167) Red bay (Persea palustris);

  (168) Smooth phlox (Phlox glaberrima);

  (169) Downy phlox (Phlox pilosa);

  (170) Drooping bluegrass (Poa saltuensis);

  (171) Common clammyweed (Polanisia dodecandra);

  (172) Seabeach knotweed (Polygonum glaucum);

  (173) Flatstem pondweed (Potamogeton zosteriformis);

  (174) Beach plum (Prunus maritima);

  (175) Carolina clubmoss (Pseudolycopodiella caroliniana);

  (176) Harperella (Ptilimnium nodosum);

  (177) Torrey’s mountainmint (Pycnanthemum torreyi);

  (178) Early buttercup (Ranunculus fascicularis);

  (179) Yellow water crowfoot (Ranunculus flabellaris);

  (180) Long-stalked crowfoot (Ranunculus hederaceus);

  (181) Mississippi buttercup (Ranunculus laxicaulis);

  (182) Northeastern white water crowfoot (Ranunculus trichophyllus);

  (183) Capitate beakrush (Rhynchospora cephalantha);

  (184) Globe beaksedge (Rhynchospora globularis);

  (185) Drowned hornedrush (Rhynchospora inundata);

  (186) Mid-Atlantic beaksedge (Rhynchospora mesoatlantica);

  (187) Short-beaked baldrush (Rhynchospora nitens);

  (188) Virginia mallow (Ripariosida hermaphrodita);

  (189) Smooth rose (Rosa blanda);

  (190) Hairy wild petunia (Ruellia humilis);

  (191) Pursh’s wild petunia (Ruellia purshiana);

  (192) Tall dock (Rumex altissimus);

  (193) Slender marsh pink (Sabatia campanulata);

  (194) Two-formed pink (Sabatia difformis);

  (195) Pinebarren sandwort (Sabulina caroliniana);

  (196) Slender plumegrass (Saccharum baldwinii);

  (197) Gibbous panic-grass (Sacciolepis striata);

  (198) Sessile-fruit arrowhead (Sagittaria rigida);

  (199) Narrowleaf willow (Salix interior);

  (200) Blunt-lobe grapefern (Sceptridium oneidense);

  (201) Purple oat (Schizachne purpurascens);

  (202) Water bulrush (Schoenoplectus subterminalis);

  (203) Northeastern bulrush (Scirpus ancistrochaetus);

  (204) Slender nutrush (Scleria minor);

  (205) Low nutrush (Scleria verticillata);

  (206) Rock skullcap (Scutellaria saxatilis);

  (207) Sweet-scented Indian-plantain (Senecio suaveolens);

  (208) Puerto Rico sea-purslane (Sesuvium maritimum);

  (209) Snowy campion (Silene nivea);

  (210) Sandyland blue-eyed grass (Sisyrinchium arenicola);

  (211) Prairie goldenrod (Solidago rigida);

  (212) Long-bristle Indiangrass (Sorghastrum elliottii);

  (213) Smooth false buttonweed (Spermacoce glabra);

  (214) Shining ladies’-tresses (Spiranthes lucida);

  (215) Yellow nodding ladies’-tresses (Spiranthes ochroleuca);

  (216) Northern dropseed (Sporobolus heterolepis);

  (217) Gritty hedge-nettle (Stachys aspera);

  (218) Trailing stitchwort (Stellaria alsine);

  (219) Death-camus (Stenanthium leimanthoides);

  (220) Roundleaf dogwood (Swida rugosa);

  (221) Eastern silvery aster (Symphyotrichum concolor);

  (222) Serpentine aster (Symphyotrichum depauperatum);

  (223) Purple meadow parsnip (Thaspium trifoliatum);

  (224) Climbing dogbane (Thrysanthella difformis);

  (225) Canby’s dropwort (Tiedmannia canbyi);

  (226) Three-ribbed arrow grass (Triglochin striata);

  (227) Nodding trillium (Trillium flexipes);

  (228) Snow trillium (Trillium nivale);

  (229) Yellowleaf tinker’s-weed (Triosteum angustifolium);

  (230) Nodding pogonia (Triphora trianthophora);

  (231) Northeastern bladderwort (Utricularia resupinata);

  (232) Fibrous bladderwort (Utricularia striata);

  (233) Valerian (Valeriana pauciflora);

  (234) Goose-foot corn-salad (Valerianella chenopodiifolia);

  (235) Broadleaf bunchflower (Veratrum hybridum);

  (236) Marsh-speedwell (Veronica scutellata);

  (237) Fringed yellow-eyed-grass (Xyris fimbriata);

  (238) Small’s yellow-eyed-grass (Xyris smalliana);

  (239) Northern prickly ash (Zanthoxylum americanum);

  (240) Atamasco lily (Zephyranthes atamasca); and

  (241) Southern wild rice (Zizaniopsis miliacea).

#### Regulation .06 Endangered Extirpated Species.

*COMAR 08.03.08.06*

A. Listing Criteria. The following factors shall be considered for listing a species as endangered extirpated:

  (1) The species was once a viable component of the State’s flora and fauna and there are no records of it naturally occurring in Maryland after 1950; or

  (2) The species was once a viable component of the State’s flora and fauna and recent scientific investigations have documented the loss of its habitat or disappearance of its population in Maryland.

B. Permits. Upon the discovery of a viable, naturally occurring population of any species in §§C—J of this regulation, that species shall be considered an endangered species and shall require the permits and conditions afforded to that status.

C. The following plant species are considered endangered extirpated throughout Maryland:

  (1) Ten-lobe false foxglove (Agalinis obtusifolia);

  (2) Golden colicroot (Aletris aurea);

  (3) Canada anemone (Anemonastrum canadensis);

  (4) Great angelica (Angelica atropurpurea);

  (5) Swamp-pink (Arethusa bulbosa);

  (6) Great Indian-plantain (Arnoglossum reniforme);

  (7) Tropical water-hyssop (Bacopa innominata);

  (8) Sea oxeye (Borrichia frutescens);

  (9) Lanceleaf grapefern (Botrychium lanceolatum var. angustisegmentum);

  (10) Least grapefern (Botrychium simplex);

  (11) Wild chess (Bromus kalmii);

  (12) Bluehearts (Buchnera americana);

  (13) Southern harebell (Campanula divaricata);

  (14) Variable sedge (Carex polymorpha);

  (15) Slender sedge (Carex tenera);

  (16) Chaffweed (Centunculus mimimus);

  (17) Curlyheads (Clematis ochroleuca);

  (18) Toothed sedge (Cyperus dentatus);

  (19) Showy lady’s-slipper (Cypripedium reginae);

  (20) Trailing tick-trefoil (Desmodium humifusum);

  (21) Lined tick-trefoil (Desmodium lineatum);

  (22) Sessileleaf tick-trefoil (Desmodium sessilifolium);

  (23) Rattlesnake-master (Eryngium yuccifolium);

  (24) Spotted joe-pyeweed (Eutrochium maculatum);

  (25) Downy gentian (Gentiana puberulenta);

  (26) Dwarf rattlesnake-plantain (Goodyera repens);

  (27) Checkered rattlesnake-plantain (Goodyera tesselata);

  (28) Branched hedge-hyssop (Gratiola ramosa);

  (29) Nuttall’s micranthemum (Hemianthus micranthemoides);

  (30) Drummond’s St. John’s-wort (Hypericum drummondii);

  (31) Small whorled pogonia (Isotria medeoloides);

  (32) Baltic rush (Juncus balticus);

  (33) Bayonet rush (Juncus militaris);

  (34) Ground juniper (Juniperus communis);

  (35) Slender pinweed (Lechea tenuifolia);

  (36) Turgid gayfeather (Liatris helleri);

  (37) Nondo lovage (Ligusticum canadense);

  (38) Wood lily (Lilium philadelphicum);

  (39) Heartleaf twayblade (Listera cordata);

  (40) Sea milkwort (Lysimachia maritima);

  (41) Slender water milfoil (Myriophyllum tenellum);

  (42) One-sided wintergreen (Orthilia secunda);

  (43) Mountain phlox (Phlox ovata);

  (44) Heartleaf plantain (Plantago cordata);

  (45) Small purple-fringe orchis (Platanthera psycodes);

  (46) Bushy knotweed (Polygonum ramosissimum);

  (47) Southern mountainmint (Pycnanthemum pycnanthemoides);

  (48) Green-flower wintergreen (Pyrola chlorantha);

  (49) Bristly crowfoot (Ranunculus pensylvanicus);

  (50) Few-flowered beakrush (Rhynchospora oligantha);

  (51) Pale beakrush (Rhynchospora pallida);

  (52) Few-flowered beakrush (Rhynchospora rariflora);

  (53) Wild black currant (Ribes americanum);

  (54) Bebb’s willow (Salix bebbiana);

  (55) Shining willow (Salix lucida);

  (56) Nettleleaf sage (Salvia urticifolia);

  (57) Leathery grapefern (Sceptridium multifidum);

  (58) Canby’s bulrush (Schoenoplectus etuberculatus);

  (59) Chaffseed (Schwalbea americana);

  (60) Coastal false asphodel (Triantha racemosa);

  (61) Buffalo clover (Trifolium reflexum); and

  (62) American purple vetch (Vicia americana).

D. The following mollusk species is considered endangered extirpated throughout Maryland: Maryland glyph (Glyphyalinia raderi).

E. The following crustacean species is considered endangered extirpated throughout Maryland: Norden’s groundwater isopod (Caecidotea nordeni).

F. The following insect species are considered endangered extirpated throughout Maryland:

  (1) Hessel’s hairstreak (Callophrys hesseli);

  (2) Dusky azure (Celestrina nigra);

  (3) Skillet clubtail (Gomphurus ventricosus);

  (4) Piedmont clubtail (Hylogomphus parvidens);

  (5) American burying beetle (Nicrophorus americanus);

  (6) Tawny crescent (Phyciodes batesii);

  (7) Regal fritillary (Speyeria idalia);

  (8) Riverine clubtail (Stylurus amnicola); and

  (9) Golden banded-skipper (Telegonus cellus).

G. The following finfish species are considered endangered extirpated throughout Maryland:

  (1) Longnose sucker (Catostomus catostomus);

  (2) Bridle shiner (Notropis bifrenatus);

  (3) Cheat minnow (Pararhinichthys bowersi); and

  (4) Trout-perch (Percopsis omiscomaycus).

H. The following amphibian species is considered endangered extirpated throughout Maryland: Common mudpuppy (Necturus maculosus).

I. The following bird species are considered endangered extirpated throughout Maryland:

  (1) Ivory-billed woodpecker (Campephilus principalis);

  (2) Swainson’s thrush (Catharus ustulatus);

  (3) Lark sparrow (Chondestes grammacus);

  (4) Olive-sided flycatcher (Contopus cooperi);

  (5) Red-cockaded woodpecker (Dryobates borealis);

  (6) Eskimo curlew (Numenius borealis);

  (7) Bachman’s sparrow (Peucaea aestivalis);

  (8) Roseate tern (Sterna dougallii);

  (9) Appalachian Bewick’s wren (Thryomanes bewickii bewickii); and

  (10) Greater prairie chicken (Tympanuchus cupido).

J. The following mammal species are considered endangered extirpated throughout Maryland:

  (1) Gray wolf (Canis lupus);

  (2) Elk (Cervus elaphus);

  (3) Eastern cougar (Puma concolor couguar);

  (4) Snowshoe hare (Lepus americanus);

  (5) American marten (Martes americana); and

  (6) Eastern harvest mouse (Reithrodontomys humulis).

#### Regulation .07 Threatened Species of Wildlife, Reptiles, Amphibians, Mollusks, Crustaceans, and Finfish.

*COMAR 08.03.08.07*

A. Listing Criteria. The following factors shall be considered for listing species other than plant species as threatened:

  (1) Whether the species has experienced a steady, substantial decline in Maryland, and if the decline continues, the species is likely to become endangered;

  (2) Whether there has been steady, widespread loss of the species' essential habitat; or

  (3) Whether protection measures already taken have significantly reduced the chances of the species becoming extirpated from Maryland.

B. Permits. The permit procedures to be followed are set forth in Regulation .03 of this chapter. The following apply:

  (1) Except by special permit from the Director, a person may not take, export, possess, process, sell, offer for sale, deliver, carry, transport or ship by any means any threatened wildlife, reptile, amphibian, mollusk, crustacean, or finfish species.

  (2) Permits to take threatened species shall be issued only for:

    (a) Scientific research designed to enhance the recovery of the species or population;

    (b) Other valid scientific research; or

    (c) Educational purposes designed to further public awareness regarding the species.

  (3) Incidental taking of a threatened wildlife, reptile, amphibian, mollusk, crustacean, or finfish species shall be allowed only after the Director has been notified 30 days in advance of the change in land use or other action by a private landowner which shall result in the incidental taking. The Administration, upon receipt of the application for an incidental taking permit from the landowner, shall within 30 days either:

    (a) Take action to salvage the threatened species; or

    (b) Issue to the landowner an incidental taking permit authorizing the landowner to proceed with the action which will result in the incidental taking of the species.

C. The following species are considered to be threatened throughout Maryland unless a smaller range is indicated:

  (1) Mollusks:

    (a) Triangle floater (Alasmidonta undulata); and

    (b) Yellow lance (Elliptio lanceolata);

  (2) Insects:

    (a) Northern metalmark (Calephelis borealis);

    (b) Superb jewelwing (Calopteryx amata);

    (c) Harris' checkerspot (Chlosyne harrisii);

    (d) Selys’ sundragon (Helocordulia selysii);

    (e) Rare skipper (Problema bulenta); and

    (f) Atlantis fritillary (Speyeria atlantis);

  (3) Finfish:

    (a) Glassy darter (Etheostoma vitreum);

    (b) American brook lamprey (Lethenteron appendix); and

    (c) Chesapeake logperch (Percina bimaculata);

  (4) Reptiles:

    (a) Loggerhead sea turtle (Caretta caretta);

    (b) Green sea turtle (Chelonia mydas); and

    (c) Bog turtle (Glyptemys muhlenbergii); and

  (5) Birds:

    (a) American bittern (Botaurus lentiginosus);

    (b) Red knot (Calidris canutus rufa);

    (c) Nashville warbler (Leiothlypis ruficapilla); and

    (d) Least tern (Sternula antillarum).

#### Regulation .08 Threatened Species of Plants.

*COMAR 08.03.08.08*

A. Listing Criteria. The following factors shall be considered for listing a plant species as threatened:

  (1) Whether the species has experienced a substantial decline in Maryland, and if the decline continues, the species is likely to become endangered;

  (2) Whether there has been a steady widespread loss of the species’ essential habitat; or

  (3) Whether the species has been listed as endangered but it has been shown that protection measures taken have significantly reduced the chances of the species becoming extirpated from Maryland.

B. Permits. The permit procedures to be followed are set forth in Regulation .03 of this chapter. The following apply:

  (1) Permits shall be issued only for scientific research designed to enhance the recovery of the species or population;

  (2) A person may not:

    (a) Export, possess, process, sell, offer for sale, deliver, carry, transport, or ship by any means any threatened plant species except by a special permit from the Director;

    (b) Take any threatened plant species from State property except by special permit from the Director; or

    (c) Take any threatened plant species from private property without the written permission of the landowner.

C. The following plant species are considered threatened throughout Maryland unless a smaller range is indicated:

  (1) Climbing fumitory (Adlumia fungosa);

  (2) Purple giant-hyssop (Agastache scrophulariifolia);

  (3) Running serviceberry (Amelanchier humilis);

  (4) Nantucket shadbush (Amelanchier nantucketensis);

  (5) Single-head pussytoes (Antennaria solitaria);

  (6) Wand-like three-awn grass (Aristida virgata);

  (7) Bradley’s spleenwort (Asplenium bradleyi);

  (8) Ozark milkvetch (Astragalus distortus);

  (9) Wild false indigo (Baptisia australis);

  (10) Buxbaum’s sedge (Carex buxbaumii);

  (11) Inflated sedge (Carex vesicaria);

  (12) Velvety sedge (Carex vestita);

  (13) Leatherleaf (Chamaedaphne calyculata);

  (14) Red turtlehead (Chelone obliqua);

  (15) Giant-seed goosefoot (Chenopodiastrum simplex);

  (16) Clinton lily (Clintonia borealis);

  (17) Bogfern (Coryphopteris simulata);

  (18) Wild bleedinghearts (Dicentra eximia);

  (19) Tall swamp witchgrass (Dichanthelium scabriusculum);

  (20) Eastern leatherwood (Dirca palustris);

  (21) Tobaccoweed (Elephantopus tomentosus);

  (22) Parker’s pipewort (Eriocaulon parkeri);

  (23) White trout-lily (Erythronium albidum);

  (24) White-bract thoroughwort (Eupatorium leucolepis);

  (25) Fringe-top bottle gentian (Gentiana andrewsii);

  (26) McDowell’s sunflower (Helianthus occidentalis);

  (27) Glade fern (Homalosorus pycnocarpus);

  (28) Featherfoil (Hottonia inflata);

  (29) Goldenseal (Hydrastis canadensis);

  (30) Largeleaf waterleaf (Hydrophyllum macrophyllum);

  (31) Coppery St. John’s-wort (Hypericum denticulatum);

  (32) Pipe vine (Isotrema macrophyllum);

  (33) Sandplain flax (Linum intercursum);

  (34) Sundial lupine (Lupinus perennis);

  (35) Climbing fern (Lygodium palmatum);

  (36) Carolina anglepod (Matelea carolinensis);

  (37) Three-flower melicgrass (Melica nitens);

  (38) Evergreen bayberry (Morella carolinensis);

  (39) White-grained mountain-ricegrass (Oryzopsis asperifolia);

  (40) Walter’s paspalum (Paspalum dissectum);

  (41) Horse-tail paspalum (Paspalum fluitans);

  (42) Coville’s phacelia (Phacelia covillei);

  (43) Roundleaf fameflower (Phemeranthus teretifolius);

  (44) White-fringe orchis (Platanthera blephariglottis);

  (45) Yellow-fringe orchid (Platanthera ciliaris);

  (46) Large purple-fringe orchis (Platanthera grandiflora);

  (47) Purple fringeless orchid (Platanthera peramoena);

  (48) Marsh fleabane (Pluchea camphorata);

  (49) Bog Jacob’s-ladder (Polemonium vanbruntiae);

  (50) Crossleaf milkwort (Polygala cruciata);

  (51) Racemed milkwort (Polygala polygama);

  (52) Seneca snakeroot (Polygala senega);

  (53) Allegheny plum (Prunus alleghaniensis);

  (54) Whorled mountainmint (Pycnanthemum verticillatum);

  (55) Shumard oak (Quercus shumardii);

  (56) Hairy snoutbean (Rhynchosia tomentosa);

  (57) Long-beaked bald rush (Rhynchospora scirpoides);

  (58) Torrey’s beakrush (Rhynchospora torreyana);

  (59) Michaux’s stitchwort (Sabulina michauxii);

  (60) Engelmann’s arrowhead (Sagittaria engelmanniana);

  (61) Canada burnet (Sanguisorba canadensis);

  (62) Northern pitcherplant (Sarracenia purpurea);

  (63) One-flower sclerolepis (Sclerolepis uniflora);

  (64) Shale barren skullcap (Scutellaria leonardii);

  (65) Veined skullcap (Scutellaria nervosa);

  (66) Cliff stonecrop (Sedum glaucophyllum);

  (67) Long-stalk greenbrier (Smilax pseudochina);

  (68) Lake Ontario goldenrod (Solidago racemosa);

  (69) Showy goldenrod (Solidago speciosa);

  (70) Swamp wedgescale (Sphenopholis pensylvanica);

  (71) Lance-leaf loosestrife (Steironema hybridum);

  (72) Eastern featherbells (Stenanthium gramineum);

  (73) Rosy twisted-stalk (Streptopus lanceolatus);

  (74) Snowberry (Symphoricarpos albus);

  (75) Mountain parsley (Taenidia montana);

  (76) Canadian yew (Taxus canadensis);

  (77) Spiked hoary-pea (Tephrosia spicata);

  (78) Northern white cedar (Thuja occidentalis);

  (79) Kate’s Mountain clover (Trifolium virginicum);

  (80) Virginia least trillium (Trillium pusillum var.virginianum);

  (81) Purple bladderwort (Utricularia purpurea);

  (82) Small cranberry (Vaccinium oxycoccos); and

  (83) Rusty woodsia (Woodsia ilvensis).

#### Regulation .09 Species in Need of Conservation.

*COMAR 08.03.08.09*

A. Listing Criteria. The following factors shall be considered for listing a species as in need of conservation:

  (1) Whether the population is limited or declining within Maryland; and

  (2) Whether the species may become threatened in the foreseeable future, if current trends or conditions persist.

B. Permits. The permit procedures to be followed are set forth in Regulation .03 of this chapter. The following apply:

  (1) Except by special permit, a person may not take, export, possess, process, sell, offer for sale, deliver, carry, transport, or ship by any means any species in need of conservation;

  (2) Permits to take species in need of conservation shall be issued only for:

    (a) Scientific research designed to enhance the recovery of the species or population;

    (b) Other valid scientific research; or

    (c) Educational purposes designed to further public awareness regarding the species.

  (3) Incidental taking permits are not required for species in need of conservation.

C. The following species are considered to be in need of conservation throughout Maryland unless a smaller range is indicated:

  (1) Mollusks:

    (a) Atlantic spike (Elliptio producta);

    (b) Appalachian springsnail (Fontigens bottimeri);

    (c) Cherrystone drop (Hendersonia occulta); and

    (d) Creeper (Strophitus undulatus);

  (2) Crustaceans:

    (a) Acuminate crayfish (Cambarus acuminatus);

    (b) Allegheny amphipod (Stygobromus allegheniensis); and

    (c) Franz's amphipod (Stygobromus franzi);

  (3) Insects:

    (a) Pepper-and-salt skipper (Amblyscirtes hegon);

    (b) Olympia marble (Euchloe olympia);

    (c) Silvery blue (Glaucopsyche lygdamus);

    (d) Giant swallowtail (Papilio cresphontes);

    (e) Rapids clubtail (Phanogomphus quadricolor); and

    (f) Sable clubtail (Stenogomphurus rogersi);

  (4) Finfish:

    (a) Flier (Centrarchus macropterus);

    (b) Pearl dace (Margariscus margarita); and

    (c) Striped shiner (Luxilus chrysocephalus);

  (5) Amphibians — Wehrle's salamander (Plethodon wehrlei);

  (6) Reptiles — Eastern spiny softshell (Apalone spinifera);

  (7) Birds:

    (a) Saltmarsh sparrow (Ammospiza caudacuta);

    (b) Least bittern (Botaurus exilis);

    (c) Henslow’s sparrow (Centronyx henslowii);

    (d) Northern harrier (Circus hudsonius);

    (e) Alder flycatcher (Empidonax alnorum);

    (f) American peregrine falcon (Falco peregrinus anatum);

    (g) Common gallinule (Gallinula galeata);

    (h) Coastal Plain swamp sparrow (Melospiza georgiana nigrescens);

    (i) Northern waterthrush (Parkesia noveboracensis);

    (j) Forster’s tern (Sterna forsteri);

    (k) American barn owl (Tyto furcata); and

    (l) Golden-winged warbler (Vermivora chrysoptera);

  (8) Mammals:

    (a) Bobcat (Lynx rufus);

    (b) Least weasel (Mustela nivalis);

    (c) Delmarva fox squirrel (Sciurus niger cinereus);

    (d) Long-tailed shrew (Sorex dispar);

    (e) Smoky shrew (Sorex fumeus); and

    (f) Appalachian cottontail (Sylvilagus obscurus).

#### Regulation .10 Natural Heritage Areas.

*COMAR 08.03.08.10*

A. Listing Criteria. In order to qualify as a natural heritage area a natural community shall:

  (1) Contain one or more threatened or endangered species or wildlife species in need of conservation;

  (2) Be a unique blend of geological, hydrological, climatalogical or biological features; and

  (3) Be considered to be among the best Statewide examples of its kind.

B. The Administration shall prepare maps describing the location of all natural heritage areas. The maps shall be filed in the office of the Director of the Wildlife and Heritage Service, Department of Natural Resources, Tawes State Office Building, Annapolis, MD 21401.

C. The following areas are designated natural heritage areas:

#### Regulation .11 Restricted Areas.

*COMAR 08.03.08.11*

A. Without written permission from the Secretary, a person may not trespass, enter, or release an animal on lands owned or controlled by the State which are located between the mean high and mean low water lines of waters of the State and which are posted in a conspicuous manner as a restricted area for the purpose of protecting:

  (1) An endangered or threatened species of wildlife or plant listed in this chapter; or

  (2) A species of wildlife in need of conservation listed in this chapter.

B. The Department shall prepare maps describing the location of each restricted area under this regulation. The maps shall be filed with the Secretary of Natural Resources, Tawes State Office Building, Annapolis, Maryland 21401.

C. A restricted area may be established only after:

  (1) Notice of the proposed restriction has been placed in a newspaper in the county where the restriction is proposed;

  (2) Notice of the proposed restriction has been placed in the Maryland Register;

  (3) Completion of a 30-day period for comment which begins on the date that the list of restricted areas is published in the Maryland Register;

  (4) All adjacent landowners have been notified by mail of the proposal; and

  (5) Appropriate areas have been signed and posted.

D. The delineation of restricted areas may change to accommodate changes in the distribution of listed species after the notice provisions of §C of this regulation have been satisfied.

E. Restricted Areas.

  (1) In Calvert County, the restricted areas encompass that portion of the lands owned or controlled by the State which are located between the mean high and mean low water lines of the waters of the State adjacent to Flag Ponds Nature Park.

  (2) In Worcester County, the restricted areas encompass that portion of the lands owned or controlled by the State which are located between the mean high and mean low water lines of the waters of the State adjacent to:

    (a) Assateague Island National Seashore; and

    (b) The shoreline of Skimmer Island in Isle of Wight Bay.

#### Regulation .12 Additional Lists.

*COMAR 08.03.08.12*

The Fisheries Service also maintains a list of fish species that are designated as endangered, threatened, or in need of conservation under COMAR 08.02.12. Regulations implementing protective measures for these species appear elsewhere under COMAR 08.02.

#### Regulation .13 Violation of Regulations.

*COMAR 08.03.08.13*

Violation of these regulations is a misdemeanor punishable under Natural Resources Article, §§10-2A-07, 10-1101, 10-1105—10-1108, 4-2A-07, 4-1201, 4-1205—4-1207, and 4-1209, Annotated Code of Maryland.

#### Regulation .14 Puritan Tiger Beetle Incidental Taking.

*COMAR 08.03.08.14*

A. Permit Required. A person shall obtain a permit from the Department before the person may conduct any activity that will result in the incidental taking of Puritan tiger beetles.

B. Application. To apply for a permit for the incidental taking of Puritan tiger beetles, an applicant shall submit the following information to the Department:

  (1) A completed application form including the applicant's:

    (a) Full name;

    (b) Address of residence or business;

    (c) Birth date; and

    (d) Telephone number; and

  (2) A conservation plan for the site that shall include the following:

    (a) Site location information, including tax map and parcel numbers;

    (b) A map of the site, including property boundaries, location of the cliff, and location of the proposed development;

    (c) A description of proposed habitat alteration, including physical alteration of beach or cliff habitat;

    (d) A description of alternatives considered and reasons that these alternatives were not used;

    (e) A description of minimization and mitigation measures to be employed; and

    (f) A copy of the submitted federal application or approved federal authorization from the U.S. Fish and Wildlife Service to incidentally take Puritan tiger beetles.

C. Permit applications may be obtained from the Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland 21401, or by calling 410-260-8540, or online at www.dnr.state.md.us.

D. Completed applications shall be mailed or delivered to: Permits Coordinator, Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland 21401.

E. Duration. Permits for the incidental taking of Puritan tiger beetles are valid for the term specified by the Department on the permit.

F. Minimization measures as described in §B(2)(e) of this regulation shall include:

  (1) Limiting construction activities during the adult breeding season of June through August in order to minimize adult tiger beetle mortality;

  (2) Limiting construction activities to the beach area and no alteration of the cliff face;

  (3) Limiting habitat alteration to a portion of the tiger beetle habitat; and

  (4) Limiting other actions that harm adult Puritan tiger beetles, larvae, or habitat.

G. Mitigation.

  (1) Mitigation shall be employed whenever the habitat alteration will render a significant portion of the site unsuitable for Puritan tiger beetles in either their adult or larval life forms.

  (2) Mitigation shall occur at not less than a 1:1 ratio of linear feet of shoreline impacted.

  (3) Mitigation measures may include:

    (a) Protection of other property suitable for Puritan tiger beetle habitat by acquisition of a conservation easement that permanently prohibits shoreline stabilization of or alteration of the cliff face on the property;

    (b) Payment of any mitigation fee that may be required through the federal permitting process;

    (c) Restoration or creation of Puritan tiger beetle habitat by participating financially in the Department's Puritan tiger beetle habitat conservation program; and

    (d) Implementation of other measures that compensate for the loss of Puritan tiger beetles as a result of the incidental taking.

H. A conservation easement under §G(3)(a) of this regulation shall be executed and recorded before the issuance of an incidental taking permit.

I. The Department shall issue an incidental taking permit to the applicant if all of the following have been satisfied:

  (1) The applicant has submitted the completed application form, fee, and conservation plan;

  (2) Alternatives have been considered and determined not to be feasible;

  (3) Adequate minimization or mitigation measures have been incorporated into the habitat conservation plan;

  (4) The actions do not appreciably reduce the likelihood of the survival or recovery of the Puritan tiger beetle;

  (5) Adequate funding for the conservation plan is available to implement the plan; and

  (6) Federal authorization to incidentally take Puritan tiger beetles has been secured by the applicant from the U.S. Fish and Wildlife Service.

#### Regulation .15 Protected Nongame Mammals.

*COMAR 08.03.08.15*

A. A person may not take, export, possess, process, sell, offer for sale, deliver, carry, transport, or ship by any means, except by special permit issued by the Department, nongame mammals listed in §C of this regulation.

B. Permits.

  (1) Permits to take protected nongame mammals may only be issued for:

    (a) Scientific research;

    (b) Educational purposes designed to further public awareness regarding the species;

    (c) Protection of human health and safety; or

    (d) To address damage to property.

  (2) Incidental taking permits are not required for protected nongame mammals.

C. The following species are considered to be protected nongame mammals:

  (1) Little brown myotis (Myotis lucifugus);

  (2) Silver-haired bat (Lasionycteris noctivagans);

  (3) Tricolored bat (Perimyotis subflavus);

  (4) Big brown bat (Eptesicus fuscus);

  (5) Eastern red bat (Lasiurus borealis);

  (6) Hoary bat (Lasiurus cinereus);

  (7) Evening bat (Nycticeius humeralis);

  (8) Seminole bat (Lasiurus seminolus);

  (9) North American porcupine (Erethizon dorsata); and

  (10) Eastern spotted skunk (Spilogale putorius).

### Chapter 09 — Wildlife Possession

**Authority:** Natural Resource Article, §§1-104, 10-2A-03, 10-205, 10-206, 10-211, 10-301, 10-401,10-404—10-409, 10-413, 10-415, 10-418, 10-902, 10-903, 10-907, 10-909, and 10-911;State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.08 were previously codified as Regulations .07,.54, .63, .06, .10, .44, .25, and .66, respectively, under COMAR 08.03.01 Wildlife Conservation. In addition, Regulation .01I—K was previously codified as Regulation .20A—C under COMAR 08.03.01 and Regulation .02D was previously codified as Regulation .19 under COMAR 08.03.01. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01.

**Administrative History:** Regulation .01 amended as an emergency provision effective December 14, 1988 (15:27 Md. R. 3123); emergency status expired March 31, 1989

**Administrative History:** Regulation .01 amended as an emergency provision effective October 1, 1989 (16:21 Md. R. 2255); emergency status expired March 29, 1990; amended permanently effective June 11, 1990 (17:11 Md. R. 1341)

**Administrative History:** Regulation .01 amended as an emergency provision effective August 31, 1991 (18:19 Md. R. 2094); emergency status expired effective December 31, 1991

**Administrative History:** Regulation .01 amended as an emergency provision effective October 1, 1994 (21:21 Md. R. 1811); amended permanently effective January 2, 1995 (21:26 Md. R. 2185)

**Administrative History:** Regulation .01 amended as an emergency provision effective September 1, 2001 (28:19 Md. R. 1676); emergency status expired February 27, 2002

**Administrative History:** Regulation .01A amended effective December 23, 1991 (18:25 Md. R. 2749); August 31, 1992 (19:17 Md. R. 1607)

**Administrative History:** Regulation .01B amended effective August 31, 1992 (19:17 Md. R. 1607)

**Administrative History:** Regulation .01D, E, I, and J amended effective November 3, 1986 (13:22 Md. R. 2396)

**Administrative History:** Regulation .01F amended effective April 15, 1991 (18:7 Md. R. 772); August 31, 1992 (19:17 Md. R. 1607)

**Administrative History:** Regulation .01G amended effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .01J and K amended effective January 7, 1991 (17:26 Md. R. 2974); December 23, 1991 (18:25 Md. R. 2749)

**Administrative History:** Regulation .01 repealed effective October 14, 2002 (29:20 Md. R. 1587)

**Administrative History:** Regulation .02A amended effective July 25, 1988 (15:15 Md. R. 1809)

**Administrative History:** Regulation .02 amended effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .03 amended effective June 3, 1985 (12:11 Md. R. 1047); July 29, 1985 (12:15 Md. R. 1515)

**Administrative History:** Regulation .03C amended effective June 30, 1986 (13:13 Md. R. 1490); February 13, 1995 (22:3 Md. R. 151); July 12, 1998 (25:14 Md. R. 1131)

**Administrative History:** Regulation .03D adopted effective May 25, 1992 (19:10 Md. R. 929)

**Administrative History:** Regulation .03D amended as an emergency provision effective December 17, 2002 (30:1 Md. R. 21); amended permanently effective March 3, 2003 (30:4 Md. R. 315)

**Administrative History:** Regulation .05 amended effective November 12, 2001 (28:22 Md. R. 1936)

**Administrative History:** Regulation .05 repealed effective August 25, 2008 (35:17 Md. R. 1485)

**Administrative History:** Regulation .07 repealed and new Regulation .07 adopted effective August 5, 2013 (40:15 Md. R. 1228)

**Administrative History:** Regulation .07B amended effective September 26, 2016 (43:19 Md. R. 1071)

**Administrative History:** Regulation .07F amended effective July 25, 1988 (15:15 Md. R. 1809)

**Administrative History:** Regulation .09 adopted effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .09 amended effective August 11, 2008 (35:16 Md. R. 1390)

**Administrative History:** Regulation .10 adopted as an emergency provision effective May 9, 1994 (21:11 Md. R. 948); adopted permanently effective August 1, 1994 (21:15 Md. R. 1303)

**Administrative History:** Regulation .10 repealed effective August 25, 2008 (35:17 Md. R. 1485)

**Administrative History:** Regulation .11 adopted effective December 24, 2001 (28:25 Md. R. 2189)

**Administrative History:** Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .11 repealed and new Regulation .11 adopted effective May 15, 2023 (50:9 Md. R. 378)

**Administrative History:** Regulation .11C amended effective December 22, 2014 (41:25 Md. R. 1478); August 31, 2015 (42:17 Md. R. 1111)

**Administrative History:** Regulation .11Q repealed effective October 27, 2025 (52:21 Md. R. 1024)

**Administrative History:** Regulation .12 adopted as an emergency provision effective December 17, 2002 (30:1 Md. R. 21); adopted permanently effective March 3, 2003 (30:4 Md. R. 315)

**Administrative History:** Regulation .12B amended effective August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .12E adopted effective August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .13 adopted effective August 11, 2008 (35:16 Md. R. 1390)

**Administrative History:** Regulation .14 adopted as an emergency provision effective August 1, 2009 (36:17 Md. R. 1309); emergency status expired October 21, 2009

**Administrative History:** Regulation .14 adopted effective November 2, 2009 (36:22 Md. R. 1723)

**Administrative History:** Regulation .14D amended effective September 26, 2016 (43:19 Md. R. 1071)

#### Regulation .01 Repealed.

*COMAR 08.03.09.01*

#### Regulation .02 Dog Training With Call-Back Pens.

*COMAR 08.03.09.02*

A. A person may possess pen-reared quail or chukar partridge for the purpose of training dogs with call-back pens if that person first obtains a game husbandry license. The trainer or anyone assisting in the training shall possess a valid hunting license while training.

B. Captive-raised birds released during the training process shall be marked in such a way as to identify the birds as captive-raised birds. The markers shall remain attached to the birds until the birds are disposed of, and the markers shall be destroyed after they are removed.

C. A person may not use a call-back pen on State owned or controlled lands.

D. A person may carry and discharge a device known as a starter's pistol while training dogs. The starter's pistol shall have been manufactured in such a manner as to prohibit the firing of a projectile or shot charge which could be projected through the barrel.

#### Regulation .03 Rabies Emergency.

*COMAR 08.03.09.03*

A. A person may not import into Maryland any live raccoons, skunks, foxes, wolves, coyotes, bobcats, or any other mammalian wildlife species, or hybrids, for which there is no U.S.D.A. certified vaccine against rabies.

B. A person or incorporated or unincorporated organization may not harbor or move within Maryland any live raccoons, skunks, foxes, wolves, coyotes, bobcats, or any other mammalian wildlife species, or hybrids, for which there is no U.S.D.A. certified vaccine against rabies, without first having obtained a permit from the Service, except that it shall be lawful to transfer those living animals within a county or city to a designee of local government for the purpose of humane euthanasia.

C. This regulation does not prohibit the importation or possession of gerbils, hamsters, domesticated rats and mice, chinchillas, European ferrets, domestic rabbits, guinea pigs, hedgehogs, sugar gliders, and primates of the families Cebidae, Cercopithecidae, and Pongidae only.

D. Except as provided in COMAR 08.03.09.12, this regulation does not prohibit or restrict the importation or possession of mammals into Maryland for use at a circus, carnival, or fair licensed under 9 CFR §§2.1—2.11, Subpart A.

#### Regulation .04 Importation and Possession of Wildlife.

*COMAR 08.03.09.04*

A. A person or corporation shall obtain a permit from the Service before he may import or possess any live wildlife for release into the wild.

B. The Service shall grant a permit only on satisfactory proof that the specific wildlife intended to be imported will:

  (1) Be free of any communicable disease at the time of their importation; and

  (2) Not be inimical to the native flora and fauna.

C. Application for the permit shall be filed with the Service not less than 60 days before the proposed date of importation.

D. The provisions of this regulation do not apply to the importation of wildlife for:

  (1) Use in laboratories;

  (2) Use in exhibitions;

  (3) Other uses which require that the wildlife is held in captivity; or

  (4) Use in field trials or for training hunting dogs, except furbearing mammals.

#### Regulation .05 Repealed.

*COMAR 08.03.09.05*

#### Regulation .06 Permit to Possess Protected Species of Wildlife Birds.

*COMAR 08.03.09.06*

A. Exceptions. This regulation does not apply to a bird on the threatened or endangered species lists. Further, any person who holds a valid federal bird banding or marking permit with authority to band or mark birds in Maryland, may salvage, for the purpose of donating to a public scientific or educational institution, birds killed or found dead as a result of the permittee's normal banding operations, and casualties from other causes, without holding additional State permits for salvage.

B. Permit. Any properly accredited person wishing to possess a protected bird or parts of a protected bird for educational or scientific purposes, or for the purpose of propagation, may apply to the Department for a permit.

C. Application. Application for a permit shall be made on the form the Department prescribes and shall demonstrate to the satisfaction of the Department the reasons for which the applicant wishes to possess the bird.

D. Non-transferability. The permit is non-transferable and expires December 31 of each year.

E. Annual Report. By December 31 of each year, every permittee shall make an annual report on forms the Department prescribes. The report shall include the disposition by species, the number, the age, the sex, the sources of any protected birds, as well as any other information the Department may require.

F. Revocation and Suspension. The Department may suspend or revoke a permit if the permittee fails to comply with the terms of the permit or submit the annual report.

#### Regulation .07 Falconry.

*COMAR 08.03.09.07*

A. Definitions.

  (1) In this regulation the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “Eyas” means a nestling raptor incapable of flight.

    (b) “Falconer” means the holder of a valid falconry permit issued by the Department.

    (c) “Falconry” means the sport of hunting game birds and mammals or other wildlife by the means of a trained raptor.

    (d) “Imping” means replacing a damaged feather with a molted feather.

    (e) “ISO” means the International Organization for Standardization.

    (f) “Passage bird” means a raptor in juvenile plumage less than 1 year old and capable of flight.

    (g) “Permittee” means the holder of a valid falconry permit issued by the Department.

    (h) Raptor.

      (i) “Raptor” means a live bird of the family Accipitridae of the family Falconidae or of the family Strigidae.

      (ii) “Raptor” does not include a bird of the family Pandionidae or the family Tytonidae.

    (i) “Take” means to trap or capture or legally acquire, or to attempt to trap or capture or legally acquire, a raptor for falconry.

    (j) “USFWS” means the United States Fish and Wildlife Service.

B. Permit and Application Requirements.

  (1) An individual shall have a valid falconry permit from the Department to take, possess, or transport raptors for falconry or to hunt with them.

  (2) To apply for a falconry permit, an applicant shall submit the following information:

    (a) A completed application form from the Department;

    (b) For an apprentice permit, the applicant shall obtain a sponsor and have the sponsor sign the bottom of the application;

    (c) For an apprentice or general falconry permit, a parent or legal guardian shall co-sign the application if the applicant is under 18 years of age; and

    (d) For renewal of general and master falconry permits, a copy of a current hunting license or a hunting license from the previous hunting season.

  (3) To advance from an apprentice level to a general level falconry permit, the applicant shall provide:

    (a) Information documenting the applicant’s experience maintaining falconry raptors, including a summary of what species were held as an apprentice falconer and how long each bird was possessed; and

    (b) A letter from a general falconer or master falconer serving as the applicant’s sponsor attesting that the applicant has practiced falconry with a raptor at the apprentice falconer level for at least 2 years, including maintaining, training, flying, and hunting the raptor for at least 4 months in each year.

  (4) To advance from a general level to a master level falconry permit, the applicant shall attest that the applicant has practiced falconry as a general falconer for at least 5 years.

  (5) A permit may not be issued unless the applicant has adequate facilities and equipment, which are inspected and certified before issuance, by a representative of the Department, as meeting standards set forth in §F of this regulation.

  (6) The application shall be accompanied by a $10 fee. In addition, an annual fee of $10 shall be due with each annual report, if the falconer desires to renew a permit.

  (7) A nonresident falconry permit will be recognized as valid in the State if the falconer's resident state is recognized by the USFWS as a participating state, and the falconer’s resident state allows reciprocity for Maryland falconers. A nonresident falconer shall possess a copy of the falconer’s current resident state falconry permit while conducting falconry in the State.

C. Classes of Permits. The following classes of falconry permits are established with the following qualifications and criteria:

  (1) Apprentice Class.

    (a) An applicant for an apprentice class permit shall be at least 14 years of age.

    (b) If the applicant is under 18 years of age, a parent or legal guardian shall sign the application and is legally responsible for all activities.

    (c) A falconry permit may not be issued until the applicant has answered correctly at least 80 percent of the questions given on a supervised examination provided by the Department. The examination shall cover care and handling of raptors, federal and State laws and regulations relevant to falconry, and other appropriate subject matter. The examination shall be administered by a representative of the Department at a place and time designated by the representative on a date agreed to by the representative and the applicant. Retaking of the examination shall be provided no sooner than 30 days after failure and no later than 90 days after failure. An applicant shall be provided the opportunity to retake the examination no more than three times in 1 calendar year.

    (d) The applicant shall obtain a sponsor that possesses a Maryland master class or a general class falconry permit. The sponsor shall be at least 18 years old and have at least 2 years of experience as a general class falconer. The sponsor shall assist the apprentice, as necessary, in:

      (i) Learning about the husbandry and training of raptors held for falconry;

      (ii) Learning about relevant wildlife laws and regulations affecting the sport of falconry; and

      (iii) Determining what species of raptor is appropriate for the applicant to possess while an apprentice.

    (e) An apprentice may possess no more than one raptor for use in falconry.

    (f) An apprentice may only possess a red-tailed hawk, red-shouldered hawk, or American kestrel taken from the wild.  An apprentice may not possess a captive-produced raptor.

    (g) An apprentice may only take raptors less than 1 year old, except eyases, from the wild. An apprentice may only take red-tailed hawks, red-shouldered hawks, or American kestrels from the wild.

    (h) An apprentice may possess a wild raptor trapped by another falconer who possesses a valid falconry permit and transfers the raptor to the apprentice in accordance with §G of this regulation.

    (i) An apprentice may not possess a raptor taken from the wild as an eyas.

    (j) An apprentice may not possess a bird that is imprinted on humans.

    (k) The apprentice’s raptor facilities shall pass an inspection by a representative of the Department before the apprentice will be granted a permit.

  (2) General Class.

    (a) A general falconer shall be at least 16 years of age.

    (b) If the general falconer is 16 or 17 years of age, a parent or legal guardian shall sign the application and shall be legally responsible for the falconer’s activities.

    (c) To become a general falconer, the applicant shall submit a document from the applicant’s sponsor stating that the applicant has practiced falconry with a raptor at the apprentice falconer level or equivalent for at least 2 years, including maintaining, training, flying, and hunting the raptor for least 4 months in each year. That practice may include capture and release of falconry raptors.

    (d) The applicant may not substitute any falconry school program or education to shorten the period of 2 years at the apprentice level.

    (e) A general falconer may take and possess any raptor except golden eagle, bald eagle, white-tailed eagle, or Steller’s sea-eagle. A general falconer may not take northern harriers, gyrfalcons, peregrine falcons, long-eared owls, short-eared owls, or snowy owls from the wild in the State except by special permit. A general falconer may not take northern goshawks from Allegany or Garrett counties. A general falconer may not take an eyas merlin or Mississippi kite from the wild in the State. A general falconer may use captive-bred individuals and hybrids of the species the falconer is allowed to possess.

    (f) A general falconer may possess no more than three raptors.

  (3) Master Class.

    (a) A master falconer shall have practiced falconry with the master falconer’s own raptor at the general falconer level for at least 5 years.

    (b) A master falconer may take and possess any raptor except a bald eagle. However, a master falconer may take and possess a golden eagle, white-tailed eagle, or Steller’s sea-eagle only if the master falconer meets the qualifications set forth in §C(3)(g) of this regulation. A master falconer may not take northern harriers, gyrfalcons, peregrine falcons, long-eared owls, short-eared owls, or snowy owls from the wild in the State except by special permit. A master falconer may not take an eyas merlin or Mississippi kite from the wild in the State. A master falconer may not take northern goshawks from Allegany or Garrett counties.

    (c) A master falconer may possess any captive-bred raptors or hybrid raptors for use in falconry.

    (d) A master falconer may possess no more than five wild raptors.

    (e) A master falconer may possess any number of captive-bred raptors. However, the master falconer shall train them in the pursuit of wild game and use them in hunting.

    (f) A master falconer may possess up to three eagles of the following species:

      (i) Golden eagle;

      (ii) White-tailed eagle; or

      (iii) Steller’s sea-eagle.

    (g) Before approving a master falconer’s request to possess an eagle to use in falconry, the following shall be documented:

      (i) The master falconer’s experience in handling large raptors, including information about the species the master falconer has handled and the type and duration of the activity in which the master falconer gained the experience; and

      (ii) At least two letters of reference from people with experience handling and/or flying large raptors such as eagles, ferruginous hawks, goshawks, or great horned owls. Each shall contain a concise history of the author’s experience with large raptors, which can include, but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter shall also assess the master falconer’s ability to care for eagles and fly them in falconry.

    (h) A golden eagle, white-tailed eagle, or Steller’s sea-eagle the master falconer holds will count as one of the raptors the master falconer is allowed to possess for use in falconry.

D. Marking.

  (1) Any of the following raptors shall be banded with a permanent, nonreusable, numbered USFWS leg band provided by the Department if the bird is taken from the wild or acquired from another falconer or rehabilitator:

    (a) Northern harrier;

    (b) Northern goshawk;

    (c) Harris hawk;

    (d) Peregrine falcon;

    (e) Gyrfalcon;

    (f) Long-eared owl;

    (g) Short-eared owl; or

    (h) Snowy owl.

  (2) The falconer may purchase and implant an ISO-compliant 134.2 kHz microchip in addition to the band. The band number shall be reported when the acquisition of the bird is reported. Within 10 days from the day on which the raptor was taken from the wild, the falconer shall report take of the bird by entering the required information, including the band number, in the electronic database of the USFWS or by submitting a USFWS form 3–186A to the Department. A falconer may request an appropriate band from the Department in advance of any effort to capture a raptor.

  (3) A raptor bred in captivity shall be banded with a seamless metal band. If a seamless band shall be removed from a raptor bred in captivity or if it is lost, within 10 days from the date of removal or loss the falconer shall report and obtain a replacement USFWS nonreusable band from the Department. The falconer shall submit the required information electronically immediately upon rebanding the raptor to the USFWS’s electronic database or by submitting a USFWS form 3–186A to the Department. A seamless band that is removed or lost shall be replaced. A falconer may implant an ISO-compliant 134.2 kHz microchip in a falconry raptor in addition to the seamless band.

  (4) If the band shall be removed or is lost from a wild-caught raptor in possession of a falconer, the falconer shall report the loss of the band within 5 days, and the falconer shall then do at least one of the following:

    (a) Request a USFWS nonreusable band from the Department and submit the required information within 10 days of rebanding the raptor to the USFWS’s electronic database or by submitting a USFWS form 3-186A to the Department; or

    (b) Purchase and implant an ISO-compliant 134.2 kHz microchip in the bird and report the microchip information to the USFWS’s electronic database or by submitting a USFWS form 3-186A form to the Department.

  (5) A falconer may not alter, deface, or counterfeit any band. A falconer may remove the rear tab on a band on a raptor taken from the wild, and the falconer may smooth any imperfect surface as long as it does not affect the integrity of the band or the numbering on it.

  (6) If the falconer documents health or injury problems for a raptor in possession that are caused by the band, the Department may provide an exemption to the requirement for that raptor. In that case, the falconer shall keep a copy of the exemption paperwork with the falconer when transporting or flying the raptor. If the bird is a wild goshawk, Harris hawk, peregrine falcon, or gyrfalcon, the falconer shall replace the band with an ISO-compliant microchip supplied by the Department. A microchip for a wild goshawk, Harris hawk, peregrine falcon, or gyrfalcon will not be provided unless the falconer has demonstrated that a band causes an injury or a health problem for the bird.

  (7) A falconer may not band a raptor removed from the wild with a seamless numbered band.

E. Transportation and Transfers.

  (1) A raptor held for the use of falconry by a Maryland resident falconer may be transported within, exported from, and imported into the State if it is properly marked with markers in accordance with §D of this regulation.

  (2) An individual who does not have a permit may not ship, transport, carry, or convey any raptor legally acquired, or transfer it to another individual unless the individual first obtains written permission from the Department except to transport a sick or injured raptor to a licensed wildlife rehabilitator.

  (3) Any raptor shipped, transported, carried, or conveyed into the State on or in any private or public conveyance shall be accompanied by a shipping permit, transportation tag, or a document authorizing the shipment from the State or country of origin, or other permit that provides proof that the raptor was legally taken, received, or captured and possessed by the transporter. The individual taking possession of any raptor so entered into the State shall report to the Department within 10 days after the raptor's arrival into the State.

  (4) When transporting raptors, or using them for hunting, or when they are away from the falconer’s facilities, the falconer shall provide a suitable perch for the raptors and ensure that the raptors are protected from extreme temperatures, wind, and excessive disturbance.

  (5) A falconer may sell, purchase, or barter, or offer to sell, purchase, or barter, captive-bred raptors marked with seamless bands to other permittees who are authorized to possess them.

  (6) A falconer may not purchase, sell, trade, or barter wild raptors.

  (7) Transferring Raptors.

    (a) A falconer may transfer a wild-caught raptor to an individual if the recipient of the bird possesses the necessary permits for the other activity.  The falconer may transfer the wild-caught raptor to a different permit the falconer possesses for the other activity;

    (b) A falconer may transfer a wild-caught falconry bird to a raptor propagation permit after the bird has been used in falconry for at least 2 years or 1 year for a sharp-shinned hawk, Cooper’s hawk, merlin, or American kestrel. When transferring a bird, the falconer shall provide a copy of the standard USFWS form 3-186A form documenting acquisition of the bird by the propagator to the federal migratory bird permit office that administers the propagation permit;

    (c) A falconer may transfer a wild-caught bird to another individual who possesses an education or scientific collection permit within 2 years of capture or 1 year for a sharp-shinned hawk, Cooper’s hawk, merlin, or American kestrel if the bird has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the bird can no longer be flown for falconry;

    (d) If a raptor is transferred to an individual who possesses an education or scientific permit, the falconer shall within 10 days of transferring the bird provide a copy of the USFWS form 3-186A documenting acquisition of the bird to the federal migratory bird permit office that administers the education or scientific permit; and

    (e) When a falconer transfers a bird to an individual who possesses an education or scientific permit, the falconer shall provide a copy of the certification from the veterinarian or rehabilitator that the bird is not useable in falconry and a copy of the standard USFWS form 3-186A form to the federal migratory bird permits office that administers the education or scientific permit within 10 days of the transfer.

  (8) A falconer may transfer captive-bred falconry raptors if the holder of the other permit type is authorized to possess the bird. Within 10 days the falconer shall report the transfer by entering the required information in the USFWS electronic database or by submitting a standard USFWS form 3-186A to the Department.

  (9) If a falconer dies, a surviving spouse, executor, administrator, or other legal representative of a deceased falconer may transfer any bird held by the falconer to another authorized permittee within 90 days after the death of the falconer. After 90 days, disposition of a bird held under the permit is at the discretion of the Department.

F. Facilities and Care Requirements.

  (1) A falconer shall keep all raptors held under a falconry permit in a humane and healthy environment.

  (2) Whether they are indoors, referred to as mews, or outdoors, referred to as weathering area, the raptor facilities shall protect raptors in them from the environment, predators, and domestic animals. The falconer is responsible for the maintenance and security including protection from predators of raptors in possession.

  (3) The falconer shall have raptor housing facilities approved by the Department. The facility shall have both indoor and outdoor facilities. A representative of the Department shall certify that the facilities and equipment meet the following standards:

    (a) For housing raptors indoors or outdoors, the facility shall protect raptors from predators and domestic animals, as follows:

      (i) The facility shall have a suitable perch for each raptor, have at least one opening for sunlight, and provide a healthy environment for raptors inside;

      (ii) The falconer may house untethered raptors together if they are compatible with each other;

      (iii) Each raptor shall have an area large enough to allow it to fly if it is untethered or, if tethered, to fully extend its wings or attempt to fly while tethered without damaging its feathers or coming into contact with other raptors; and

      (iv) Each falconry bird shall have access to a pan of clean water unless weather conditions, the perch type used, or some other factor makes access to a water pan unsafe for the raptor.

    (b) An indoor facility shall be large enough to allow easy access for the care and feeding of raptors kept there, and shall meet the following requirements:

      (i) If raptors housed in this indoor facility are not tethered, all walls that are not solid shall be protected on the inside. Suitable materials may include vertical bars spaced narrower than the width of the body of the smallest raptor housed in the enclosure. However, heavy-duty netting or other such materials may be used to cover the walls or roof of the enclosure; and

      (ii) Acceptable indoor facilities include shelf perch enclosures where raptors are tethered side by side. Other innovative housing systems are acceptable if they provide the enclosed raptors with protection and maintain healthy feathers.

    (c) A falconer may keep a falconry raptor or raptors inside the falconer’s place of residence if the falconer provides a suitable perch or perches. If the falconer houses the raptor inside the falconer’s home, the falconer does not need to modify windows or other openings of the structure. Raptors kept in the home shall be tethered when they are not being moved into or out of the location in which they are kept.

    (d) An outdoor facility shall be totally enclosed, and may be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other suitable material, and shall have the following:

      (i) The facility shall be covered and have at least a covered perch to protect a raptor held in it from predators and weather;

      (ii) The facility shall be large enough to insure that the birds cannot strike the enclosure when flying from the perch; and

      (iii) Other types of housing facilities and husbandry practices may be used if approved by the Department.

  (4) A falconer may keep falconry raptors outside in the open if they are under watch by the falconer or a family member at any location or by a designated individual in a weathering yard at a falconry meet.

  (5) A falconer shall inform the Department within 5 business days if the falconer changes the location of the falconer’s facilities.

  (6) The falconry facilities may be on property owned by another individual where the falconer resides, or at a different location. Regardless of location, the facilities shall meet the standards described above in this section.

  (7) A falconer shall submit to the Department a signed and dated statement showing that the falconer agrees that the falconry facilities and raptors may be inspected without advance notice by the Department at any reasonable time of day, while the falconer is present. If the facilities are not on property that the falconer owns, the falconer shall submit a signed and dated statement showing that the property owner agrees that the falconry facilities and raptors may be inspected by the Department at any reasonable time of day in the presence of the property owner while the falconer is present.

  (8) Falconry equipment and records may be inspected in the presence of the falconer during any reasonable time of day on any day of the week by Department officials.

  (9) A falconer may house a raptor in temporary facilities for no more than 120 consecutive calendar days if the bird has a suitable perch and is protected from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

  (10) Another falconer may care for a raptor or raptors for a falconer at the falconer’s facilities or at that individual’s facilities for up to 120 consecutive calendar days. The other individual shall have a signed and dated statement from the falconer authorizing the temporary possession, plus a copy of USFWS form 3-186A that shows that the falconer is the possessor of each of the raptors. The statement shall include information about the time period for which the individual will keep the raptor, and about what the individual is allowed to do with it or them.

    (a) The falconer’s raptor will remain on the falconer’s falconry permit, and will not be counted against the possession limit of the individual caring for these raptors;

    (b) If the individual caring for the raptor holds the appropriate level falconry permit, the individual may fly these raptors in whatever way the falconer authorizes, including hunting; and

    (c) This care of a falconer’s raptors may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency.

  (11) Another individual may care for falconry birds a falconer possesses at the falconer’s facilities for up to 45 consecutive calendar days, and shall adhere to the following:

    (a) The raptor will remain on the falconer’s permit;

    (b) The raptors shall remain in the falconer’s facilities;

    (c) This care may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency; and

    (d) The individual caring for the falconer’s raptors may not fly them for any reason.

  (12) A falconer shall have jesses or the materials and equipment to make them, leash and swivel, bath container, and appropriate scales or balances for weighing raptors in possession.

G. Taking Raptors from the Wild.

  (1) A falconer may take no more than two raptors from the wild each year to use in falconry, except that no northern harriers, gyrfalcons, peregrine falcons, long-eared owls, short-eared owls, or snowy owls may be taken from the wild in the State except by special permit. A falconer may not take northern goshawks from Allegany or Garrett counties.

  (2) A general or master falconer may take only raptors less than 1 year of age from the wild, except for an American kestrel and great horned owl. The open season for taking eyases is any time of the year that young raptors are in the nest.  The open season for taking passage birds and American kestrels and great horned owls over 1 year old is any time of year.  When taking a reptor from the wild the falconer shall meet the following requirements:

    (a) A falconer shall leave at least one young from any nest from which the falconer takes an eyas;

    (b) An apprentice falconer may not take an eyas from the wild; and

    (c) A general or master falconer may not take an eyas merlin or Mississippi kite from the wild in the State.

  (3) If a falconer transfers a bird the falconer took from the wild to another permittee in the same year in which the bird was captured, the bird will count as one of the raptors the falconer is allowed to take from the wild that year; it will not count as a capture by the recipient, though it will always be considered a wild bird.

  (4) A general or master falconer may remove eyases from a nest in accordance with State and federal restrictions. To take an eyas from a nest located on State property the falconer shall inform the land unit manager in advance and obtain written permission from the land unit manager.

  (5) A falconer may not take raptors at any time or in any manner that violates any law of the State on whose land the falconer is trapping.

  (6) A falconer can report the take from the wild of a raptor by entering the required information in the USFWS electronic database or by submitting a USFWS form 3-186A to the Department. The falconer shall do this within 10 days after the capture of the bird.

  (7) If a falconer is present at the capture site, even if another individual captures the bird for the falconer, the falconer is considered the individual who removes the bird from the wild. That falconer is responsible for filing a USFWS form 3-186A reporting take of the bird from the wild.

  (8) If a falconer receiving a raptor is not at the immediate location where the bird is taken from the wild, the individual who removes the bird from the wild shall be a general or master falconer, and shall report take of the bird. The bird will count as one of the two raptors the individual who took it from the wild is allowed to capture in any year. The individual who takes the bird from the wild shall report the take even if the individual promptly transfers the bird to another falconer.

  (9) If a falconer has a long-term or permanent physical impairment that prevents the falconer from attending the capture of a species the falconer can use for falconry, a general or master falconer may capture a bird for that falconer. That falconer is then responsible for filing a USFWS form 3-186A reporting take of the bird from the wild, and the bird will count against the take of wild raptors that falconer is allowed in any year.

  (10) A falconer may not intentionally capture a raptor species that the falconer’s classification does not allow the falconer to possess for falconry.

  (11) If a falconer captures a bird the falconer is not allowed to possess, the bird shall be released immediately.

  (12) A falconer shall promptly release any bird captured unintentionally.

  (13) A falconer may recapture a falconry bird the falconer lost at any time. Recapture of a falconry bird is not considered to be taking a bird from the wild.

  (14) A falconer may recapture a raptor wearing falconry equipment, such as jesses, or a captive-bred bird at any time, even if the falconer is not allowed to possess the species. The bird will not count against the falconer’s possession limit nor will its take from the wild count against that limit. The falconer shall report the recapture of the bird to the Department no more than 5 working days after the recapture. The falconer shall return a recaptured falconry bird to the individual who lost it, if that individual may legally possess it. Disposition of a bird whose legal possession cannot be determined will be at the discretion of the Department.

  (15) If a raptor, including a peregrine falcon, captured by a falconer is marked with a seamless metal band, a transmitter, or any other item identifying it as a falconry bird, the falconer shall report the capture of the bird to the Department no more than 5 working days after the capture. The falconer shall return a recaptured falconry bird to the individual who lost it. If that individual cannot possess the bird or does not wish to possess it, the falconer may keep it. Otherwise, disposition of a bird whose legal possession cannot be determined will be at the discretion of the Department. While the falconer keeps a bird for return to the individual who lost it, the bird will not count against that falconer’s possession limit.

  (16) If a falconer captures a peregrine falcon that has a research band, such as a colored band with alphanumeric codes, or a research marking attached to it, the falconer shall immediately release the bird, except that if the falcon has a transmitter attached to it, the falconer is authorized to possess the bird up to 30 days if the falconer wishes to contact the researcher to determine if the researcher wishes to replace the transmitter or its batteries. If the researcher wishes to do so, or to have the transmitter removed, the researcher or the researcher’s designee can make the change or allow the falconer to do so before the falconer releases the bird.

  (17) If a raptor captured by a falconer has any other band, research marking, or transmitter attached to it, the falconer shall promptly report the band numbers and all other relevant information to the federal Bird Banding Laboratory.

  (18) A falconer may take any raptor that the falconer is authorized to possess from the wild if the bird is banded with a federal Bird Banding Laboratory aluminum band except that the falconer may not take a banded peregrine falcon from the wild.

  (19) If a raptor is injured due to a falconer’s trapping efforts, the falconer has two options for dealing with a bird injured by the falconer’s trapping efforts, but in either case the falconer is responsible for the costs of care and rehabilitation of the bird.

    (a) The falconer may put the bird on a falconry permit. The falconer shall report take of the bird by entering the required information in the USFWS electronic database or by submitting a USFWS form 3-186A the Department at the first opportunity to do so, but no more than 10 days after capture of the bird. The falconer shall then have the bird treated by a veterinarian or a permitted wildlife rehabilitator. The bird will count against the falconer’s possession limit; and

    (b) The falconer may give the bird directly to a veterinarian or a permitted wildlife rehabilitator authorized to possess migratory birds. If the falconer does so, it will not count against the allowed take or the number of raptors the falconer may possess.

  (20) A falconer may acquire a raptor of any age of a species that the falconer is permitted to possess directly from a licensed wildlife rehabilitator. Transfer to the falconer is at the discretion of the rehabilitator.

    (a) If a falconer acquires a bird from a rehabilitator, within 10 days of the transaction the falconer shall report it by entering the required information in the USFWS electronic database or by submitting a USFWS form 3-186A to the Department; and

    (b) If a falconer acquires a bird from a rehabilitator, it will count as one of the raptors the falconer is allowed to take from the wild that year.

H. General Conditions.

  (1) A falconer shall have a falconry permit or legible copies of them in immediate possession if the falconer is not at the location of the falconer’s facilities and the falconer is trapping, transporting, working with, or flying a falconry raptor.

  (2) Feathers that are molted or feathers from raptors that die while held in captivity may be retained and exchanged by a falconer for the purpose of imping under the following conditions:

    (a) For imping, a falconer may possess flight feathers for each species of raptor the falconer possess or previously held for as long as the falconer has a valid falconry permit. A falconer may receive feathers for imping from other permitted falconers, wildlife rehabilitators, or propagators in the United States, and a falconer may give feathers to them. A falconer may not buy, sell, or barter such feathers;

    (b) A falconer may donate feathers from a falconry bird, except golden eagle feathers, to any individual or institution with a valid permit to have them, or to anyone exempt from the permit requirement under federal regulation 50 CFR §21.12;

    (c) Except for primary or secondary flight feathers or retrices from a golden eagle, a falconer is not required to gather feathers that are molted or otherwise lost by a falconry bird. The falconer may leave the feathers where they fall, store them for imping, or destroy them. However, a falconer shall collect molted flight feathers and retrices from a golden eagle. If the falconer chooses not to keep them for imping, the falconer shall send them to the National Eagle Repository; and

    (d) If a falconer’s permit expires or is revoked, the falconer shall donate the feathers of any species of falconry raptor except a golden eagle to any individual or any institution exempt from the permit requirement under federal regulation 50 CFR §21.12 or authorized by permit to acquire and possess the feathers. If the falconer does not donate the feathers, the falconer shall burn, bury, or otherwise destroy them.

  (3) When flying a hybrid raptor, the hybrid shall have attached to it at least two functioning radio transmitters to help locate the bird.

  (4) A falconer may not release to the wild a raptor that is not indigenous to the State or a hybrid raptor. The raptor may be transferred to another falconer.

  (5) Release of falconry birds to the wild in the State may only occur under the following conditions:

    (a) If the species to be released is native to the State and is captive-bred, a falconer may not release the bird to the wild without written permission from the Department. If permitted to do so, the falconer shall allow the bird to adjust to the wild at an appropriate time of year and an appropriate location. The falconer shall leave the seamless band on the bird. The falconer shall report release of the bird by entering the required information in the USFWS electronic database or by submitting a USFWS form 3-186A to the Department; or

    (b) If the species to be released is native to the State and was taken from the wild, a falconer may release the bird only at an appropriate time of year and an appropriate location. The falconer shall remove its falconry band and report release of the bird by entering the required information in the USFWS electronic database or by submitting a USFWS form 3-186A to the Department.

  (6) A falconer may use raptors possessed for falconry in captive propagation if the falconer or the individual overseeing the propagation has the necessary federal permit. The falconer does not need to transfer a bird from the falconer’s falconry permit if the falconer uses it for fewer than 8 months in a year in captive propagation, but the falconer shall do so if the falconer permanently transfers the bird for propagation. The bird shall then be banded as required in §D of this regulation.

  (7) A general or master falconer may only use a falconry bird the falconer possesses in conservation education programs presented in public venues provided that:

    (a) The falconer uses the bird primarily for falconry;

    (b) The falconer may only charge a fee for presentation of a conservation education program that does not exceed the amount required to recoup the falconer’s costs;

    (c) In conservation education programs, the falconer shall provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics shall be addressed in every presentation; and

    (d) The falconer is responsible for all liability associated with conservation education activities undertaken.

  (8) A falconer may allow photography, filming, or other such uses of falconry raptors to make movies or other sources of information on the practice of falconry or on the biology, ecological roles, and conservation needs of raptors and other migratory birds, though the falconer may not be paid for doing so. The following conditions shall be adhered to:

    (a) A falconer may not use falconry raptors to make movies or commercials or in other commercial ventures that are not related to falconry; and

    (b) A falconer may not use falconry raptors for commercial entertainment; for advertisements; as a representation of any business, company, corporation, or other organization; or for promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs, with the following exceptions:

      (i) A falconer shall use a falconry raptor to promote or endorse a nonprofit falconry organization or association; and

      (ii) A falconer may use a falconry raptor to promote or endorse products or endeavors related to falconry, including, but not limited to items such as hoods, telemetry equipment, giant hoods, perches, materials for raptor facilities, falconry training and education trials, and scientific research and publication.

  (9) A general or master falconer may assist a State and federally permitted migratory bird rehabilitator to condition raptors in preparation for their release to the wild. The falconer may keep a bird the falconer is helping to rehabilitate in the falconer’s facilities. The following conditions shall be adhered to:

    (a) The rehabilitator shall provide the falconer with a letter or form that identifies the bird and explains that the falconer is assisting in its rehabilitation;

    (b) The falconer does not need to meet the rehabilitator facility standards. The falconer need only meet the facility standards in §F of this regulation;

    (c) The falconer does not have to add any raptor the falconer possesses for this purpose to the falconer’s permit; it will remain under the permit of the rehabilitator;

    (d) The falconer shall return any such bird that cannot be permanently released to the wild to the rehabilitator for placement within the 180–day time frame in which the rehabilitator is authorized to possess the bird, unless the Department authorizes the falconer to retain the bird for longer than 180 days; and

    (e) Upon coordination with the rehabilitator, the falconer shall release all releasable raptors to the wild or return them to the rehabilitator for release within the 180–day timeframe in which the rehabilitator is authorized to possess the birds, unless the Department authorizes the falconer to retain and condition a bird for longer than 180 days, or unless the rehabilitator transfers the bird to the falconer to hold under the falconer’s permit.

  (10) The carcasses of dead falconry birds shall be disposed of as follows:

    (a) The falconer shall send the entire body of a golden eagle held for falconry, including all feathers, talons, and other parts, to the National Eagle Repository;

    (b) The falconer may donate the body or feathers of any other species of falconry raptor to any individual or institution exempt under federal regulation 50 CFR §21.12 or authorized by federal permit to acquire and possess such parts or feathers;

    (c) If the bird was banded or microchipped prior to its death, the falconer may keep the body of any falconry raptor except that of a golden eagle. The falconer may keep the body so that the feathers are available for imping, or the falconer may have the body mounted by a taxidermist. The falconer may use the mount in giving conservation education programs. If the bird was banded, the falconer shall leave the band on the body. If the bird has an implanted microchip, the falconer shall leave the microchip in place;

    (d) If the falconer does not wish to donate the bird body or feathers or keep it, the falconer shall burn, bury, or otherwise destroy it within 10 days of the death of the bird or after final examination by a veterinarian to determine the cause of death. Carcasses of euthanized raptors could pose a risk of secondary poisoning of eagles and other scavengers. The falconer shall take appropriate precautions to avoid such poisonings; and

    (e) If the falconer does not donate the bird body or feathers or have the body mounted by a taxidermist, the falconer may possess the flight feathers for as long as the falconer has a valid falconry permit. However, the falconer may not buy, sell, or barter the feathers. The falconer shall keep the paperwork documenting the acquisition of the bird.

  (11) While practicing falconry, a falconer shall ensure that the falconer’s activities do not cause the take of federally listed threatened or endangered wildlife. Take under the federal Endangered Species Act means to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect or attempt to engage in any such conduct. Within this definition, harass means any act that may injure wildlife by disrupting normal behavior, including breeding, feeding, or sheltering, and harm means an act that actually kills or injures wildlife.

  (12) If a falconer moves to a new state, within 30 days the falconer shall inform both the Department and the permitting authority for the falconer’s new place of residence of the falconer’s address change. To obtain a new falconry permit, the falconer shall follow the permit application procedures of the authority under which the falconer wishes to acquire a new permit. The falconer may keep falconry birds while applying for a new falconry permit. However, the State, tribe, or territory into which the falconer moves may place restrictions on the possession of falconry birds until the falconer meets the residency requirements there.

I. Reporting Requirements.

  (1) Acquisition, transfer, loss, or rebanding of a raptor shall be reported as follows:

    (a) A falconer shall enter the required information in the USFWS’s electronic database or submit in paper form the USFWS form 3-186A to the Department if:

      (i) The falconer acquires, transfers, rebands, or microchips a raptor;

      (ii) The falconer’s raptor is stolen;

      (iii) The falconer loses a raptor to the wild that it is not recovered within 30 days; or

      (iv) The falconer’s bird dies;

    (b) If a falconer’s raptor is stolen, the falconer shall report the theft to the Department and to the USFWS regional law enforcement office within 10 days of the theft of the bird; and

    (c) The falconer shall keep copies of all electronic database submissions documenting take, transfer, loss, rebanding, or microchipping of each falconry raptor until 5 years after the falconer has transferred or lost the bird, or it has died.

  (2) Each falconer shall file an annual report to the Department by August 1 of each year, using a form supplied by the Department listing:

    (a) All raptors in possession as of June 30, by species, marker numbers, sex if known, age if known, the date and where or from whom acquired; and

    (b) All raptors possessed or acquired at any time since the previous annual report but no longer possessed, by species, marker numbers, sex if known, age if known, date and where or from whom acquired or given to, whether escaped, died, or released, and when the event occurred.

J. Hunting with Raptors.

  (1) The Department shall promulgate by regulation a lawful hunting season for use of raptors to take game birds and mammals and further regulate the species that may be taken with raptors.

  (2) A falconer shall have a valid falconry permit and current hunting license to hunt game species with raptors. If hunting migratory game birds, the falconer also shall have a current federal Migratory Bird Hunting and Conservation Stamp.

  (3) A falconer may possess game species at the falconer’s facility in excess of the established possession limits for game species other than migratory birds for the purpose of feeding the raptors held for falconry.

  (4) A falconer, whose hunting raptor accidentally kills wildlife that is out of season or of the wrong species or sex, shall leave the dead wildlife where it lies, except that the raptor may feed upon the wildlife before leaving the site of the kill.

  (5) A nonresident falconer may hunt in the State provided the falconer possesses a current falconry permit or license from their state and that state provides reciprocity to Maryland falconers. A nonresident hunting license is also required to hunt with a raptor in the State.

K. Reinstatement of a Falconry Permit.

  (1) If a falconry permit has lapsed for fewer than 5 years, it may be reinstated at the level the falconer previously held if the falconer has proof of the falconer’s certification at that level.

  (2) If a falconry permit has lapsed for 5 years or longer, the falconer shall correctly answer at least 80 percent of the questions on an examination administered by the Department. If the falconer passes the exam, the falconer’s permit shall be reinstated at the level the falconer previously held. The falconer’s facilities shall pass inspection before the falconer may possess a falconry bird.

#### Regulation .08 Raptor Propagation Permits.

*COMAR 08.03.09.08*

A joint Federal-State raptor propagation permit is required before any person may take, possess, transport, sell, purchase, barter, or transfer any raptor, raptor egg, or raptor semen for propagation purposes. These activities are subject to all definitions, application procedures, and requirements as found in 16 U.S.C. §§703—711, Code of Federal Regulations, Title 50, Part 21, Subpart A, §21.3, and Subpart C, §21.30, and all other applicable federal regulations.

#### Regulation .09 Retriever Training.

*COMAR 08.03.09.09*

A. For the purposes of retriever training, a person may possess and release captive raised quail, chukar partridge, pheasant, and mallard ducks after obtaining a retriever training permit. Persons accompanying or assisting the permittee are not required to possess a retriever training permit. If the birds are held for more than 72 hours, a game husbandry permit is also required. The permittee or anyone assisting in the training by shooting a firearm loaded with shotshell ammunition shall possess a valid hunting license or hunter safety certificate while training.

B. Birds released during retriever training shall be marked in such a way as to identify them as captive-raised birds. The markers shall remain attached to the birds until the birds are disposed of. For mallard ducks that have been physically marked by removal of the hind toe from the right foot before they are 4 weeks old, no other form of marking is required.

C. Persons releasing captive raised mallard ducks under the authority of a permit under this regulation shall make a reasonable effort to immediately kill or retrieve each released duck.

#### Regulation .10 Repealed.

*COMAR 08.03.09.10*

#### Regulation .11 Deer Cooperator License.

*COMAR 08.03.09.11*

A. Scope. A deer cooperator license issued by the Service allows a licensee to conduct deer removal and handling operations upon issuance of an Operational Plan in accordance with §E of this regulation. The fee to apply for this license is $100. A license expires 1 year from the date it is issued. If the Service does not issue the license, the fee shall be refunded. There are two deer cooperator licenses as follows:

  (1) Agricultural Deer Cooperator License: valid only on agricultural lands actively farmed for commercial crops. An applicant for an Agricultural Deer Cooperator License shall be the owner or lessee of the properties covered under the Deer Cooperator Operational Permit as described in §E(1) of this regulation, or their employee.

  (2) General Deer Cooperator License: valid on commercial, private, or other lands. An applicant shall be an owner or lessee of the properties covered under the Deer Cooperator Operational Permit as described in §E(1) of this regulation, or their designee. General Deer Cooperator licensees may also conduct operations as an Agricultural Deer Cooperator in accordance with the requirements of §E(1)(c) of this regulation.

B. The requirements of this chapter are in addition to any requirements imposed by any other agency of State, federal, or local government relating to the:

  (1) Possession or transportation of deer;

  (2) Possession of firearms, ammunition, optics, and suppressors;

  (3) Possession of drugs for anesthetizing deer;

  (4) Possession or discharge of a firearm during the day or night; or

  (5) Use of centerfire rifles or handguns.

C. Qualifications for a Deer Cooperator License.

  (1) An individual may not apply for a deer cooperator license if the individual has been convicted of any State or federal natural resources violation within 5 years prior to the date of application.

  (2) An individual applying for a deer cooperator license shall successfully complete a written examination administered by the Service.

  (3) The written examination for a deer cooperator license may contain questions relating to:

    (a) Deer ecology;

    (b) Deer conflicts with humans;

    (c) Lethal and nonlethal deer management alternatives;

    (d) Current statutes and regulations pertaining to wildlife, lethal control devices, and other equipment details;

    (e) Deer data collection methodology; and

    (f) Other questions necessary to determine an individual's ability to adequately assess, describe, and implement a safe and effective deer operation.

  (4) An individual applying for a deer cooperator license is required to successfully complete a shooting proficiency test administered by the Service or a certified NRA instructor, or provide proof of successful completion of a preapproved comparable shooting proficiency test.

  (5) Effective July 1, 2023, all new deer cooperator license holders and certified shooters for lethal operations shall possess a valid Maryland hunting license unless exempted from the license requirement pursuant to Natural Resources Article, §10-301(c), Annotated Code of Maryland.

  (6) All deer cooperator license holders and certified shooters shall meet the requirement of competency in firearms and hunter safety in accordance with Natural Resources Article, §10-301.1, Annotated Code of Maryland.

D. Qualification of Certified Shooters.

  (1) Certified shooters may operate under a deer cooperator licensee to assist with operations.

  (2) An individual may not apply to become a certified shooter if the individual has been convicted of any State or federal natural resources violation within 5 years prior to the date of application.

  (3) An individual applying to become a certified shooter is required to successfully complete a shooting proficiency test administered by the Service or a certified NRA instructor, or provide proof of successful completion of a preapproved comparable shooting proficiency test.

  (4) Effective July 1, 2023, all new deer cooperator license holders and certified shooters for lethal operations shall possess a valid Maryland hunting license. Exempt from this requirement to possess a hunting license are those individuals so exempted pursuant to Natural Resources Article, §10-301(c), Annotated Code of Maryland.

  (5) All deer cooperator license holders and certified shooters shall meet the requirement of competency in firearms and hunter safety in accordance with Natural Resources Article, §10-301.1, Annotated Code of Maryland.

E. Permits for Conducting Operations Under the Deer Cooperator License.

  (1) A deer cooperator licensee shall submit an operational plan to the Service at least 45 days before the planned commencement of each operation. The Service shall review the plan within 45 days and issue an operational permit upon approval of the plan. Any corrections needed within the plan will require an additional 45-day review. The four types of Operational Permits are defined as:

    (a) Public Safety Operational Permit: issued for airports operating under the authority of the Maryland Aviation Administration or a state or federal law enforcement agency certified police driver training facility where deer have been documented to cause a threat to public safety. Permits shall be valid from July 1 through June 30.

    (b) Standard Operational Permit: issued to applicants where documented deer damage has occurred and all other efforts to manage the deer herd have been exhausted. Permits shall be valid from January 15 through April 15.

    (c) Agricultural Operational Permit: issued on agricultural lands actively farmed for commercial commodities. Applicants for an Agricultural Deer Cooperator Operational Permit shall be the owner or lessee, of the property where the deer management will occur, or their employee. Permits shall be valid from January 15 through April 15.

    (d) Non-Lethal Operational Permit: issued for operations where deer are live-captured and released for the purpose of research or fertility control treatments authorized by the Service. Permits shall be valid from January 15 through April 15.

  (2) The operational plan shall include:

    (a) Type of operational permit being requested;

    (b) Written permission from the owner or owners of the land covered under the Operational Plan;

    (c) The area-specific deer problem;

    (d) The current and projected impacts of the operation to local social and ecological conditions;

    (e) All measures that have previously been taken to address the existing deer problem;

    (f) For Standard and Agricultural Permits, current documentation evidencing community support for the proposed operation, which shall be dated within 2 years of the proposed operation and include, but not be limited to:

      (i) Results of opinion surveys;

      (ii) Supporting letters from community leaders or elected officials; or

      (iii) Supporting letters from nearby residents.

    (g) Letter of authorization from the county office of law permitting the use of centerfire rifles that are otherwise prohibited for deer hunting in the county;

    (h) Letter of authorization from the county office of law permitting discharge of weapons at night;

    (i) The intended number and sex of deer to be removed or handled, with disposal of antlered deer to be considered on a site-by-site basis;

    (j) Hours of operation;

    (k) Detailed description of the location of the operation with accompanying aerial photograph or location map;

    (l) Deer biological data collection procedures;

    (m) Copies of contracts between permit holders and landowners;

    (n) Specific details about lethal operations, including:

      (i) A list of certified shooters, including full names and date of birth;

      (ii) Weapons or euthanasia equipment to be used in the operation, including make, model, and caliber;

      (iii) Ammunition or euthanasia drugs to be used in the operation;

      (iv) Additional equipment, including, but not limited to, night vision, suppressors including brand name, spotlights, or trapping equipment;

      (v) Shooting distances and positions, including, but not limited to, bait station, tree stand, or vehicle;

      (vi) Copies of permits or licenses required from the State, federal, or local governments to possess deer or administer drugs to deer;

      (vii) Carcass retrieval and tagging procedures;

      (viii) Entrails removal and disposition procedures; and

      (ix) Plan for final disposition of venison, including the name of the processing facility and contract documents related to disposition, in accordance with §G of this regulation;

    (o) Specific details about non-lethal operations or operations that otherwise require the handling of live deer, including:

      (i) Capture method to be used;

      (ii) Types and volumes of anesthesia and immobilizing agents to be used;

      (iii) A detailed description of drug delivery devices and methods;

      (iv) Copies of permits or licenses required from the State, federal, or local governments to possess deer or administer drugs to deer;

      (v) Drug handling certifications or licenses;

      (vi) Deer handling equipment and methodology;

      (vii) Live transport methods, including equipment and methodology;

      (viii) Marking or tagging equipment and methods;

      (ix) Disposition of deer; and

      (x) Professional licensing documentation from any cooperating agencies, organizations, veterinarians, or individuals, including law enforcement, elected officials, communities, or government agencies; and

    (p) For public safety permit holders, the following for annual renewal of their ongoing operational plan:

      (i) A list of certified shooters including full name and date of birth;

      (ii) Written permission from the owner or owners of the land covered under the Operational Plan;

      (iii) If the office of law signatory changes, an updated letter of authorization from the county office of law permitting night-shooting and the use of centerfire rifles that are otherwise prohibited for deer hunting in the county where the operation occurs;

      (iv) The intended number and sex of deer to be removed or handled, with antlered deer to be considered on a site -by-site basis;

      (v) Hours of operation;

      (vi) Plan for final disposition of venison, including the name of the processing facility and contract documents, in accordance with §G of this regulation.

      (vii) Copies of contracts between permit holders and landowners; and

      (viii) Any changes to the existing Operational Plan.

F. All deer taken under the authority of any Deer Cooperator License shall be processed for consumption unless the Deer Cooperator reports to the Department that the deer was unfit for consumption. The disposition of all deer shall be included in the report filed with the Department.

G. Deer taken on federal, State or county lands shall be commercially processed and donated to a local food bank unless another recipient of the donation or means of disposal is approved by the Service.

H. If the operational plan is conducted within the established Chronic Wasting Disease (CWD) Management Area described on the Service’s website, the licensee:

  (1) May be required to collect CWD samples and furnish them to the Service in accordance with approved collection methods per COMAR 08.03.04.22; and

  (2) May be required to process all deer at an authorized commercial deer processor.

I. If the licensee is entering into a contract for deer cooperator services, the terms of the contract shall be provided for deer management services. All contracts shall include the parties to the contract, the price terms for all products and services, the time period covered by the contract, and any other requirements and deliverables contemplated by the parties.

J. The Service shall conduct an evaluation before approving or denying an operational plan.

K. If the Service approves the operational plan, it shall issue an approval document in writing to the licensed deer control cooperator. This approval document shall describe:

  (1) The number of deer to be removed or handled;

  (2) The hours of operation;

  (3) Approved weapons and associated equipment;

  (4) Location of the activities;

  (5) Deer data collection requirements;

  (6) Venison processing and nonedible parts disposition;

  (7) Any reporting procedure that the Service determines is necessary;

  (8) Any additional terms or conditions the Service determines are necessary to provide for public safety or the success of the plan; and

  (9) A list of approved shooters.

L. A deer cooperator licensee shall contact local law enforcement and Natural Resources Police within 48 hours of undertaking the operational plan in accordance with the instructions on the approval document.

M. Appeal Procedure. An individual who has applied to the Service for a deer cooperator license or submitted an operational plan proposal as an approved deer cooperator permittee and has been denied a license or operational plan approval, may file, within 15 days after the decision was mailed, a petition for a hearing with the Director of the Service. The Director of the Service shall render a decision in writing to the complainant within 15 days after the date of the hearing. If the complainant is further aggrieved, the complainant may initiate proceedings for an appeal to the Secretary of Department of Natural Resources, Tawes State Office Building, Annapolis, Maryland 21401. The appeal procedure for the denial of a deer cooperator permit or operational plan approval is not a contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

N. The Service may revoke or suspend the deer cooperator license or permit if the Service finds that the licensee or any certified shooter violated:

  (1) The terms and conditions of the permit;

  (2) The terms and conditions of the approval document; or

  (3) Any State or federal wildlife law or regulation.

O. The Service shall provide the opportunity for a contested case hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04 when suspending or revoking a deer cooperator permit.

P. Violation. A violation of any provision or restriction on the Deer Cooperator License or Deer Cooperator Operational Permit constitutes a violation of this regulation.

#### Regulation .12 Live Cervid Importation and Movement.

*COMAR 08.03.09.12*

A. For the purpose of this regulation, “cervid” means a hoofed mammal that is a member of the Family Cervidae. This includes, but is not limited to, white-tailed deer, mule deer, moose, elk, black-tailed deer, caribou (reindeer), fallow deer, roe deer, musk deer, swamp deer, Pampas deer, tufted deer, red deer, and sika deer.

B. A person may not transport a live cervid into or out of the State or transport, move, or possess a live cervid within the State, except as provided in §§C—E of this regulation.

C. Accredited American Zoological Association facilities may exchange live cervids for the purpose of genetic diversity. These cervids may be transported only after meeting all applicable federal and State departments of agriculture laws.

D. Persons possessing a game husbandry license pursuant to Natural Resources Article, §10-905, Annotated Code of Maryland, may only possess the live cervids listed on their licenses.

E. A person possessing a letter of authorization from the Service may transport a live cervid through the State.

#### Regulation .13 Possession and Trade of Captive Mute Swans.

*COMAR 08.03.09.13*

A. Except as provided in §B of this regulation, it shall be a violation to buy, sell, barter, trade, or transfer any mute swan or mute swan eggs to or from another person.

B. Prior to March 1, 2009, a permittee may sell or transfer mute swans to a person residing in another state if the permittee has:

  (1) A letter from the state agency responsible for managing wildlife in the destination state authorizing the import of mute swans; and

  (2) A letter from the Service authorizing the export of mute swans from the State.

C. A person may not possess a mute swan unless permitted under this regulation. Possession shall include any mute swan held in an enclosure, pinioned to prevent its escape, or otherwise confined on a person's property.

D. A person may apply, through August 31, 2009, for a permit to possess a mute swan by completing a form prescribed by the Service. After that date, the Service may not issue permits allowing the possession of mute swans.

E. A person permitted to possess mute swans shall:

  (1) Render all mute swans incapable of flight by:

    (a) Surgically pinioning one wing; or

    (b) Confining mute swans in a completely closed enclosure that prevents escape;

  (2) Addle or destroy all mute swan eggs to prevent the production of cygnets;

  (3) Mark all mute swans with a metal leg band inscribed with the owner's name, address, and telephone number; and

  (4) Submit an annual report and permit renewal as specified by the Service.

F. Addling under §E(2) of this regulation may include shaking, pricking, freezing, and oiling by coating the eggs with 100 percent food-grade corn oil.

G. It is a violation of this regulation to release any mute swan to the wild.

H. A permittee shall notify the Director or the Director's designee of any escape of mute swans into the wild within 48 hours after learning of the escape.

I. Permittees shall be subject to inspection by the Department at any reasonable hour.

J. Any violation of any provision or restriction of the permit constitutes a violation of this regulation.

#### Regulation .14 Take of Passage Peregrine Falcon

*COMAR 08.03.09.14*

A. Definitions.

  (1) In this regulation, the following terms have the meanings indicated.

  (2) Terms Defined.

    (a) “Allowable take” means the number of passage peregrine falcons authorized by the U.S. Fish and Wildlife Service to be taken from the wild in Maryland in a given year.

    (b) “Apprentice falconer” means a person that holds an apprentice class falconry permit as described in Regulation .07C(1) of this chapter.

    (c) “Falconry” means the sport of taking wildlife by the means of a trained raptor.

    (d) “General falconer” means a person that holds a general class falconry permit as described in Regulation .07C(2) of this chapter.

    (e) “Master falconer” means a person that holds a master class falconry permit as described in Regulation .07C(3) of this chapter.

    (f) “Passage” means first-year migrant raptor.

    (g) “Take” means to trap, capture, or legally acquire, or to attempt to trap, capture, or legally acquire, a raptor for falconry.

B. A person may take a passage peregrine falcon for the purpose of falconry from September 20 through October 20 of each year, with a current Maryland peregrine falcon permit and falconry permit.

C. Permit Required.

  (1) A person may not take or attempt to take a passage peregrine falcon in Maryland without first obtaining a peregrine falcon permit from the Service.

  (2) A person who assists with the taking of a passage peregrine falcon is not required to possess a peregrine falcon permit.

D. Permit Application and Issuance.

  (1) A person shall submit a completed peregrine falcon permit application form, available from the Service, and an application fee, by August 20 of each year to be eligible for a permit.

  (2) The application fee for a Maryland resident falconer is $10. The application fee for a nonresident falconer is $50. An application fee is nonrefundable.

  (3) Only a general falconer or master falconer may apply for a peregrine falcon permit. Apprentice falconers may not apply for a peregrine falcon permit.

  (4) The Service shall select permits by random drawing if the number of applications exceeds the targeted allowable take. The number of permits issued shall be based on the targeted allowable take each year.

E. Targeted Allowable Take.

  (1) Prior to the beginning of a migration season, the Service shall determine the allowable take of passage peregrine falcons for the season based on guidelines provided by the U.S. Fish and Wildlife Service.

  (2) The Service shall issue the number of permits estimated to be required to meet the targeted allowable take for the season.

  (3) The Service shall close the season upon a determination that the allowable take has been reached.

F. Take of Passage Peregrine Falcon.

  (1) A person may only take passage peregrine falcons using standard live trapping techniques for raptors.

  (2) A person may take only one passage peregrine falcon with a peregrine falcon permit.

  (3) A person may live trap more than one passage peregrine falcon during any 1-day trapping session, but may only keep one. All others shall be released by the end of the trapping session.

  (4) A passage peregrine falcon shall be marked with a permanent, nonreusable, numbered leg band provided by the Service.

  (5) A person may not keep peregrine falcons previously banded with a U.S. Fish and Wildlife Service leg band.

G. A person taking a passage peregrine falcon shall report to an official designated call-in station by 8 p.m. of the day of take.

H. Any violation of the terms and conditions of the peregrine falcon permit is a violation of this regulation.

### Chapter 10 — General Wildlife Hunting Regulations

**Authority:** Natural Resources Article, §§10-205, 10-206, 10-301, 10-404—10-409, 10-412, 10-415,10-418, 10-902, and 10-903, Annotated Code of Maryland; Ch. 427, Acts of 2013

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.09 were previously codified as Regulations .12, .15, .17, .45, .48, .56, .08, .27, and .32, respectively,  under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** For the history of these regulations before June 3, 1985, see the Administrative History on the pages following COMAR 08.03.01.

**Administrative History:** Regulation .06 repealed effective August 8, 1988 (15:16 Md. R. 1913)

**Administrative History:** Regulation .07B amended effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Regulation .08 amended effective June 3, 1985 (12:11 Md. R. 1047)

**Administrative History:** Regulation .08 repealed and new Regulation .08 adopted effective June 30, 1986 (13:13 Md. R. 1488)

**Administrative History:** Regulation .08D adopted effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Regulation .08G adopted as an emergency provision effective October 7, 1988 (15:22 Md. R. 2547); emergency status expired February 4, 1989

**Administrative History:** Regulation .09 amended effective June 30, 1986 (13:13 Md. R. 1488)

**Administrative History:** Regulation .09A amended effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Regulation .10 adopted effective May 18, 1987 (14:10 Md. R. 1169)

**Administrative History:** Annotation: COMAR 08.03.01.08 (formerly 08.03.01.27) requires all persons who assist hunters for compensation to have a commercial hunting guide license. Attorney General Opinion No. 84-022 (September 18, 1984)

**Administrative History:** Regulations .01—.10 under COMAR 08.03.01 recodified to COMAR 08.03.10, with amendments to Regulations .08A and .09, and the adoption of Regulation.11, effective June 26, 1989 (16:12 Md. R. 1333)

**Administrative History:** Regulation .01 amended effective August 18, 2003 (30:16 Md. R. 1074); August 30, 2004 (31:17 Md. R. 1311)

**Administrative History:** Regulation .01 repealed effective August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .01A amended effective July 17, 2008 (35:14 Md. R. 1245)

**Administrative History:** Regulation .02 amended effective June 3, 1996 (23:11 Md. R. 809)

**Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective August 19, 2002 (29:16 Md. R. 1287)

**Administrative History:** Regulation .02A amended effective August 15, 2016 (43:16 Md. R. 899)

**Administrative History:** Regulation .02B amended effective May 7, 2018 (45:9 Md. R. 461)

**Administrative History:** Regulation .04 amended effective July 23, 1990 (17:14 Md. R. 1756)

**Administrative History:** Regulation .04 repealed as an emergency provision effective July 19, 1996 (23:16 Md. R. 1166); repealed permanently effective January 13, 1997 (24:1 Md. R. 29)

**Administrative History:** Regulation .07 amended as an emergency provision effective October 1, 1989 (16:21 Md. R. 2256); emergency status expired March 29, 1990; amended permanently effective June 11, 1990 (17:11 Md. R. 1341)

**Administrative History:** Regulation .07A amended effective October 1, 2015 (42:19 Md. R. 1228)

**Administrative History:** Regulation .07B, C amended as an emergency provision effective June 29, 1999 (26:15 Md. R. 1145); amended permanently effective October 4, 1999 (26:20 Md. R. 1544)

**Administrative History:** Regulation .08 repealed effective April 11, 2005 (32:7 Md. R. 676)

**Administrative History:** Regulation .08D amended effective September 2, 1991 (18:17 Md. R. 1917)

**Administrative History:** Regulation .09 amended as an emergency provision effective November 4, 1991 (18:23 Md. R. 2481); amended permanently effective March 2, 1992 (19:4 Md. R. 472)

**Administrative History:** Regulation .09 amended effective March 14, 2016 (43:5 Md. R. 384)

**Administrative History:** Regulation .11 repealed effective January 2, 2017 (43:26 Md. R. 1443)

**Administrative History:** Regulation .12 adopted effective August 15, 1994 (21:16 Md. R. 1382)

**Administrative History:** Regulation .12 repealed and new Regulation .12 adopted effective August 19, 2002 (29:16 Md. R. 1287)

**Administrative History:** Regulation .13 adopted effective August 28, 1995 (22:17 Md. R. 1317)

**Administrative History:** Regulation .13 repealed as an emergency provision effective September 15, 1998 (25:21 Md. R. 1571); repealed permanently effective December 28, 1998 (25:16 Md. R. 1920)

**Administrative History:** Regulation .13 adopted effective September 4, 2000 (27:17 Md. R. 1618)

**Administrative History:** Regulation .13 amended effective June 25, 2001 (28:12 Md. R. 1105)

**Administrative History:** Regulation .14 adopted effective August 11, 2008 (35:16 Md. R. 1390)

**Administrative History:** Regulation .14B amended effective October 8, 2018 (45:20 Md. R. 918)

**Administrative History:** Regulation .14C amended effective August 23, 2010 (37:17 Md. R. 1184); May 7, 2018 (45:9 Md. R. 461)

**Administrative History:** Regulation .14D amended effective October 8, 2018 (45:20 Md. R. 918)

**Administrative History:** Regulation .15 adopted effective August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .15A amended effective May 7, 2018 (45:9 Md. R. 461)

**Administrative History:** Regulation .16 adopted as an emergency provision effective October 1, 2013 (40:21 Md. R. 1771); adopted permanently effective November 25, 2013 (40:23 Md. R. 1933)

#### Regulation .01 Repealed.

*COMAR 08.03.10.01*

#### Regulation .02 Recorded Bird or Animal Calls.

*COMAR 08.03.10.02*

A. Except as provided in §B of this regulation, an individual, or two or more individuals together, may not hunt or attempt to hunt game birds or mammals, except foxes, coyote, raccoon, opossum, striped skunk, fisher, and crows, with the aid of or possession of:

  (1) Recorded bird or animal calls or sounds;

  (2) Recorded or electrically amplified imitations of bird or animal calls or sounds; or

  (3) Any electronic device by which these calls are conveyed or amplified.

B. The restrictions in §A do not apply to the hunting of snow geese during the Light Goose Conservation Order season if these methods are permitted in Maryland according to a Final Rule adopted by the Department of the Interior, U.S. Fish and Wildlife Service, as published in the Federal Register pursuant to 50 CFR 21.

#### Regulation .03 Crippled Game.

*COMAR 08.03.10.03*

Every game bird or game animal wounded by hunting and reduced to possession by the hunter shall be immediately killed.

#### Regulation .04 Repealed.

*COMAR 08.03.10.04*

#### Regulation .05 Shooting From Unpaved Highways.

*COMAR 08.03.10.05*

A person may not shoot from or across any public highway, whether paved or unpaved.

#### Regulation .06 Repealed.

*COMAR 08.03.10.06*

#### Regulation .07 Baiting.

*COMAR 08.03.10.07*

A. A person may not hunt, or attempt to hunt, any upland game bird (except pheasant and quail) or wetland game birds, 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.

B. Definitions.

  (1) As used in this regulation, “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 upland game birds (except pheasant and quail) or wetland game birds a lure, attraction, or enticement to, on, or over any areas where hunters are attempting to hunt them.

  (2) “Baited area” means:

    (a) Any area where shelled, shucked or unshucked corn, wheat or other grain, salt, or other feed capable of luring, attracting, or enticing upland game birds (except pheasant and quail) or wetland game birds is directly or indirectly placed, exposed, deposited, distributed, or scattered.

    (b) With respect to mourning dove or any wetland game bird, any area which has been seeded for a cover crop by broadcasting, within the 10 days immediately preceding the hunting of mourning dove or any wetland game birds, where the seed has not germinated or been plowed or disced under, or removed by other means. An area is considered a baited area for 10 days following the complete removal of all corn, wheat or other grain, salt, or other feed.

C. However, this regulation does not prohibit:

  (1) The hunting of all upland game birds and wetland game birds on or over standing crops, flooded standing crops (including aquatics), flooded harvested crop lands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting (except as prohibited in §B(2)(b) of this regulation);

  (2) The hunting of all upland game birds (except mourning dove) 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; and

  (3) The hunting of all upland game birds on or over any lands where grain has been distributed or scattered as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes, if manipulation for wildlife management purposes does not include distributing or scattering grain or other feed once it has been removed from or stored on the field where grown.

D. This regulation does not apply to propagating, scientific, or other operations in accordance with the terms of permits issued pursuant to Natural Resources Article, §10-909, Annotated Code of Maryland.

#### Regulation .08 Repealed.

*COMAR 08.03.10.08*

#### Regulation .09 Special Permit — Disabled Persons.

*COMAR 08.03.10.09*

A. A person who possesses a valid hunting license and who has a disability which impairs his mobility may receive a permit from the Department to hunt from a vehicle. However, the person may not shoot or have a loaded weapon in the vehicle while the vehicle is on a public roadway or the shoulder of a public roadway.

B. To be issued a Universal Disability Pass a person shall:

  (1) Submit a completed Department application to the DNR Licensing and Registration Service’s office in Annapolis; and

  (2) Obtain a physician's signature on the application which certifies that the applicant is mobility impaired.

C. Each permittee shall:

  (1) Have the permit on his person while hunting;

  (2) Keep the vehicle at a complete stop with the motor turned off while shooting, aiming, or firing the weapon; and

  (3) Have all weapons unloaded, including no ammunition in the magazine, while the vehicle is in motion.

D. A permittee may have other permittees and a companion in the permittee's vehicle while hunting. A hunter may serve as a companion but may not hunt from the vehicle.

E. In addition to any other sanction provided by law, the Department may suspend or revoke the permit if the permittee violates any provision of this regulation.

#### Regulation .10 Guiding on Service Owned or Controlled Lands.

*COMAR 08.03.10.10*

A person may not guide hunting parties for economic gain on those lands owned or controlled by the Department of Natural Resources and managed by the Service.

#### Regulation .11 Monetary Value of Wildlife Injured, Killed, or Destroyed — Repealed.

*COMAR 08.03.10.11*

#### Regulation .12 Migratory Game Bird Harvest Information Program Permit and Validation.

*COMAR 08.03.10.12*

A. Before an individual may hunt wetland game birds, dove, or woodcock, during hunting seasons established by the U.S. Fish and Wildlife Service pursuant to 50 CFR 20, an individual shall obtain a Migratory Game Bird Harvest Information Program Permit. A printed validation is required in addition to any other required licenses or stamps to hunt wetland game birds, dove, and woodcock.

B. An individual who is exempt from purchasing a hunting license by any provision of Natural Resources Article, Annotated Code of Maryland, is required to obtain a permit before hunting any species described in §A of this regulation.

C. Application. An individual may obtain a permit and printed validation by applying to the Department, or a person designated by the Department.

D. Possession of Printed Validation. An individual hunting the species listed in §A of this regulation shall possess this printed validation at all times while hunting.

#### Regulation .13 Hunter Identification.

*COMAR 08.03.10.13*

An individual, while hunting or attempting to hunt, shall carry on the individual's person a photo identification, or a secondary form of positive identification, in addition to any license that is required by Natural Resources Article, §10-301, Annotated Code of Maryland. Upon demand, the individual shall exhibit the identification to:

A. The Natural Resources Police;

B. Any law enforcement officer;

C. The landowner on whose property the individual is hunting; or

D. The representative of the landowner on whose property the individual is hunting.

#### Regulation .14 Hunting from a Ground Blind.

*COMAR 08.03.10.14*

A. Definition.

  (1) In this regulation, the following term has the meaning indicated.

  (2) Term Defined. “Ground blind” means any structure with four sides and a top, placed less than 4 feet off the ground.

B. Except as provided in §C of this regulation, a person may not hunt or assist with hunting while the person is in a ground blind unless the person displays on or within 25 feet of the blind:

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

  (2) A panel, band, strip, or garment containing at least 250 square inches of solid daylight fluorescent orange or daylight fluorescent pink color.

C. This regulation does not apply to any person who:

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

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

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

    (a) Wetland game birds;

    (b) Fur-bearing mammals;

    (c) Crows;

    (d) Doves; or

    (e) Wild turkeys.

D. The provisions of this regulation do not exempt a person using a ground blind from the fluorescent orange or daylight fluorescent pink requirements in Natural Resources Article, §10-418, Annotated Code of Maryland.

#### Regulation .15 Snow Goose Conservation Hunt Permit and Validation.

*COMAR 08.03.10.15*

A. Before an individual may hunt light geese (greater and lesser snow geese or Ross's geese) during the Light Goose Conservation Season established by the U.S. Fish and Wildlife Service pursuant to 50 CFR 21, an individual shall obtain a Snow Goose Conservation Hunt Permit in addition to any other required licenses or stamps.

B. An individual who is exempt from purchasing a hunting license by any provision of Natural Resources Article, Annotated Code of Maryland, is required to obtain a Snow Goose Conservation Hunt Permit before hunting light geese as described in §A of this regulation.

C. Application. An individual may obtain a permit and printed validation by applying to the Department, or a person designated by the Department.

D. Possession of Printed Validation. An individual hunting light geese as described in §A of this regulation shall possess this printed validation at all times while hunting.

#### Regulation .16 Hunting Near a School.

*COMAR 08.03.10.16*

A person, while hunting for any wild bird or mammal, may not shoot or discharge any firearm within 300 yards of a school building containing one or more classrooms while the building is occupied.

### Chapter 11 — Reptile and Amphibian Possession and Permits

**Authority:** Natural Resources Article, §§4-602, 4-902, 4-903, 10-205, 10-2A-03, and 10-901—10-903, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.13 adopted as an emergency provision effective April 1, 1993 (20:8 Md. R. 712); emergency status extended at 20:16 Md. R. 1274; emergency status expired November 30, 1993

**Administrative History:** Regulations .01—.14 adopted effective December 1, 1993 (20:23 Md. R. 1803)

**Administrative History:** Regulation .01 amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .02B amended effective March 24, 2008 (35:6 Md. R. 697); June 20, 2016 (43:12 Md. R. 666)

**Administrative History:** Regulation .03 amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .04 amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .04C amended effective June 28, 2010 (37:13 Md. R. 851)

**Administrative History:** Regulation .05 amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .05A amended effective June 28, 2010 (37:13 Md. R. 851)

**Administrative History:** Regulation .05C amended effective September 26, 2016 (43:19 Md. R. 1071)

**Administrative History:** Regulation .06 amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .07 amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .08C adopted effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .09A amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .09B amended effective June 28, 2010 (37:13 Md. R. 851)

**Administrative History:** Regulation .10A, B amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .11B amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .13 amended effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .15 adopted effective March 24, 2008 (35:6 Md. R. 697)

**Administrative History:** Regulation .16 adopted effective June 20, 2016 (43:12 Md. R. 666)

#### Regulation .01 Scope.

*COMAR 08.03.11.01*

A. This chapter does not apply to reptiles and amphibians that are held in accordance with:

  (1) A Scientific Collection Permit described in Natural Resources Article, §10-909 and §4-212, Annotated Code of Maryland;

  (2) An Endangered Species Permit described in Natural Resources Article, §10-2A-05, Annotated Code of Maryland; or

  (3) Aquaculture activities regulated under COMAR 08.02.14.

B. This chapter regulates the possession, breeding, sale, offer to sell, trade, or barter of certain native reptiles and amphibians. It is intended to protect and conserve native reptiles and amphibians while maintaining many of the educational and economic benefits derived from them.

#### Regulation .02 Definitions.

*COMAR 08.03.11.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Amphibian” means salamanders, frogs, and toads, or any part, egg, tadpole, offspring, or dead body of any of them.

  (2) “Captively produced” means produced as a result of breeding in captivity.

  (3) “Captivity” means intentionally holding a reptile or amphibian under any condition of restraint or control imposed by humans.

  (4) “Competition” means a contest, race, derby, tournament, match, game, performance, show, meet, event, or test of skill in which contestants compete for a prize or honor or in which a winner is selected from among two or more entrants.

  (5) “Educational facility” means State wildlife agencies, public game farms or parks, public museums, public zoological parks, accredited members of the American Association of Zoological Parks and Aquariums, and public scientific or educational institutions.

  (6) “Native reptiles and amphibians” means those species of reptiles and amphibians that naturally occur or historically occurred within Maryland not as a result of any action by humans.

  (7) “Permittee” means any person holding a permit issued under the authority of this chapter to perform certain activities.

  (8) “Public” means open to the general public and established, maintained, and operated as a governmental service, or privately established and operated on a nonprofit basis for tax purposes.

  (9) “Reptile” means turtles, lizards, and snakes, or any part, egg, offspring, or any dead body of any of them.

  (10) “The wild” means any land or water in the State, either natural or altered, upon which any native reptile or amphibian can exist in a condition which is not constrained or controlled by humans.

#### Regulation .03 List of Native Species.

*COMAR 08.03.11.03*

A. The following species or subspecies are considered native to Maryland and may be lawfully possessed, bred, or commercially traded only as provided in Regulations .04—.09 of this chapter:

  (1) Salamanders:

    (a) Red-spotted newt (Notophthalmus viridescens),

    (b) Spotted salamander (Ambystoma maculatum),

    (c) Marbled salamander (Ambystoma opacum),

    (d) Northern dusky salamander (Desmognathus fuscus),

    (e) Seal salamander (Desmognathus monticola),

    (f) Mountain dusky salamander (Desmognathus ochrophaeus),

    (g) Northern two-lined salamander (Eurycea bislineata),

    (h) Long-tailed salamander (Eurycea longicauda),

    (i) Northern spring salamander (Gyrinophilus porphyriticus),

    (j) Four-toed salamander (Hemidactylium scutatum),

    (k) Eastern red-backed salamander (Plethodon cinereus),

    (l) Northern slimy salamander (Plethodon glutinosus),

    (m) Valley and ridge salamander (Plethodon hoffmani),

    (n) Northern red salamander (Pseudotriton ruber);

  (2) Frogs and toads:

    (a) Eastern spadefoot (Scaphiopus holbrooki),

    (b) American toad (Bufo americanus),

    (c) Fowler's toad (Bufo fowleri),

    (d) Northern cricket frog (Acris crepitans),

    (e) Cope's gray treefrog (Hyla chrysoscelis),

    (f) Gray treefrog (Hyla versicolor),

    (g) Green treefrog (Hyla cinerea),

    (h) Northern spring peeper (Pseudacris crucifer),

    (i) Southeastern chorus frog (Pseudacris feriarum),

    (j) Pickerel frog (Rana palustris),

    (k) Southern leopard frog (Rana spenocephala),

    (l) Wood frog (Rana sylvatica);

    (m) Green frog (Rana clamitans),

    (n) American bullfrog (Rana catesbeiana);

  (3) Lizards:

    (a) Eastern fence lizard (Sceloporus undulates),

    (b) Common five-lined skink (Eumeces fasciatus),

    (c) Little brown skink (Scincella lateralis),

  (4) Snakes:

    (a) Eastern wormsnake (Carphophis amoenus),

    (b) Northern black racer (Coluber constrictor),

    (c) Ring-necked snake (Diadophis punctatus),

    (d) Cornsnake (Elaphe guttata guttata),

    (e) Black ratsnake (Elaphe obsoleta obsoleta),

    (f) Mole kingsnake (Lampropeltis calligaster rhombomaculata),

    (g) Eastern milksnake (Lampropeltis triangulum triangulum),

    (h) Coastal plain milksnake (Lampropeltis triangulum elapsoides x triangulum),

    (i) Eastern kingsnake (Lampropeltis getula getula),

    (j) Red-bellied watersnake (Nerodia erythrogaster),

    (k) Northern watersnake (Nerodia sipedon),

    (l) Rough greensnake (Opheodrys aestivus),

    (m) Smooth greensnake (Opheodrys vernalis),

    (n) Dekay's brownsnake (Storeria dekayi),

    (o) Red-bellied snake (Storeria occipitomaculata),

    (p) Eastern gartersnake (Thamnophis sirtalis sirtalis).

B. The following species or subspecies are considered native to Maryland and may be lawfully possessed only as provided in Regulations .04C and .05A of this chapter, or bred or commercially traded only as provided in Regulations .05—.09 of this chapter:

  (1) Lizards:

    (a) Broad-headed skink (Eumeces laticeps),

    (b) Eastern six-lined racerunner (Cnemidophorus sexlineatus);

  (2) Snakes:

    (a) Eastern hog-nosed snake (Heterodon platirhinos),

    (b) Queen snake (Regina septemvittata),

    (c) Common ribbonsnake (Thamnophis sauritus sauritus);

  (3) Turtles:

    (a) Wood turtle (Glyptemys insculpta),

    (b) Spotted turtle (Clemmys guttata),

    (c) Eastern box turtle (Terrapene carolina carolina),

    (d) Eastern painted turtle (Chrysemys picta picta),

    (e) Midland painted turtle (Chrysemys picta marginata),

    (f) Eastern mud turtle (Kinosternon subrubrum),

    (g) Northern red-bellied cooter (Pseudemys rubriventris),

    (h) Stinkpot (Sternothorus odoratus),

    (i) Diamond-backed terrapin (Malaclemys terrapin).

C. Except under the authority of the permits described in Regulation .01A of this chapter, the following species or subspecies are considered native to Maryland and may not be possessed, bred, or commercially traded:

  (1) Salamanders:

    (a) Eastern tiger salamander (Ambystoma tigrinum),

    (b) Green salamander (Aneides aeneus),

    (c) Jefferson salamander (Ambystoma jeffersonianum),

    (d) Wehrle's salamander (Plethodon wehrlei),

    (e) Eastern hellbender (Cryptobranchus alleganiensis),

    (f) Mudpuppy (Necturus maculosus),

    (g) Eastern mud salamander (Pseudotriton montanus),

  (2) Frogs and Toads:

    (a) Eastern narrow-mouthed toad (Gastrophryne carolinensis),

    (b) Carpenter frog (Rana virgatipes),

    (c) Mountain chorus frog (Pseudacris brachyphona),

    (d) Barking treefrog (Hyla gratiosa);

  (3) Turtles:

    (a) Northern map turtle (Graptemys geographica),

    (b) Leatherback seaturtle (Dermochelys coriacea),

    (c) Loggerhead seaturtle (Caretta caretta),

    (d) Green seaturtle (Chelonia mydas),

    (e) Atlantic hawksbill seaturtle (Eretmochelys imbricata),

    (f) Kemp's ridley seaturtle (Lepidochelys kempii),

    (g) Bog turtle (Glyptemys muhlenbergii),

    (h) Spiny softshell (Apalone spinifera);

  (4) Lizards: Northern coal skink (Eumeces anthracinus);

  (5) Snakes:

    (a) Rainbow snake (Farancia erytrogramma),

    (b) Smooth earthsnake (Virginia valeriae),

    (c) Northern scarletsnake (Cemophora coccinea),

    (d) Timber rattlesnake (Crotalus horridus),

    (e) Copperhead (Agkistrodon contortrix).

D. Unless otherwise stated, when both the scientific and common names are listed, the scientific name takes precedence over the common name.

#### Regulation .04 Possession Without Permits.

*COMAR 08.03.11.04*

A. Except as provided in §§D—F of this regulation, a person without a reptile and amphibian permit may not possess more than four of each individual reptile or salamander, live or dead, listed in Regulation .03A of this chapter. The individual reptiles or salamanders may have been:

  (1) Obtained from the wild;

  (2) Captively produced; or

  (3) Legally obtained outside of Maryland.

B. Except as provided in §§D—F of this regulation, a person without a reptile and amphibian permit may not possess more than four adults and 25 eggs or tadpoles of each individual frog or toad, live or dead, listed in Regulation .03A of this chapter. The frog or toad may have been:

  (1) Obtained from the wild;

  (2) Captively produced; or

  (3) Legally obtained outside of Maryland.

C. Notwithstanding Natural Resources Article, §4-902, Annotated Code of Maryland, a person without a reptile and amphibian permit may possess only one of each individual reptile or amphibian, live or dead, listed in Regulation .03B of this chapter. A person may not take wood turtles, spotted turtles, or diamond-backed terrapins, including their eggs, from the wild. A certificate of origin, bill of sale, or other documentation proving captive origin of wood turtles, spotted turtles, or diamond-backed terrapins shall be retained. All turtles shall have a carapace length of at least 4 inches.

D. An educational facility without a reptile and amphibian permit may possess an unlimited number of individual frogs and toads listed in Regulation .03A of this chapter if they are obtained:

  (1) From a permittee; or

  (2) Legally from outside of Maryland.

E. A person without a reptile and amphibian permit may possess an unlimited number of albino, or other color mutations, resulting from captive breeding, of any species or subspecies listed in Regulation .03A of this chapter. The burden of proving that the mutant is a legitimate color mutant lies with the owner. However, commercial trade in these individuals is regulated as described in Regulations .05—.07 of this chapter.

F. American Bullfrogs.

  (1) A person without a reptile and amphibian permit may:

    (a) Take from the wild not more than ten American bullfrogs, or parts of them, per day, for personal use as food or possess more than 20 American bullfrogs, or parts of them; and

    (b) Possess or sell, for use as food, an unlimited number of American bullfrogs, or parts of them, if the animals were legally obtained from outside of Maryland.

  (2) American bullfrogs under §F(1)(a) of this regulation may not be sold or commercially traded.

G. Possession of a hybrid applies to the possession limit for each species or subspecies in its lineage.

#### Regulation .05 Permits.

*COMAR 08.03.11.05*

A. Except as provided in Regulation .04D—F of this chapter, a person shall obtain a reptile and amphibian permit from the Department in order to:

  (1) Possess more than four individuals, live or dead, of each reptile or salamander listed in Regulation .03A of this chapter, of which only four of each reptile or salamander may have been taken from the wild;

  (2) Possess more than four adults and 25 eggs or tadpoles, live or dead, of each frog or toad listed in Regulation .03A of this chapter, of which only four adults and 25 eggs or tadpoles of each frog or toad may have been taken from the wild;

  (3) Possess more than one individual, live or dead, of any species or subspecies listed in Regulation .03B of this chapter, of which:

    (a) No wood turtles, spotted turtles, or diamond-backed terrapins, or their eggs, may have been taken from the wild; and

    (b) Only one eastern box turtle, eastern painted turtle, midland painted turtle, eastern mud turtle, northern red-bellied cooter, stinkpot, broad-headed skink, eastern six-lined racerunner, eastern hog-nosed snake, queen snake, or common ribbonsnake may have been taken from the wild; or

  (4) Breed, attempt to breed, sell, offer for sale, trade, or barter any reptile or amphibian as allowed by Regulations .06 and .07 of this chapter.

B. A permittee may possess an unlimited number of any reptiles or amphibians listed in Regulation .03A and B of this chapter that are:

  (1) Captively produced and documented as described in Regulation .11B of this chapter;

  (2) Legally obtained from outside of Maryland and documented as described in Regulation .11B of this chapter; or

  (3) Obtained from a licensed reptile and amphibian rescue service, veterinarian, or wildlife rehabilitator if documentation accompanies the reptiles or amphibians.

C. Issuance of Permit.

  (1) The Director may issue a reptile and amphibian permit to possess, breed, sell, offer for sale, trade, or barter reptiles or amphibians only after the Director is satisfied that the issuance of a permit will not be detrimental to the protection and conservation of native reptiles or amphibians.

  (2) The Department may issue a reptile and amphibian permit for activities authorized in this chapter to a person who has submitted a completed application on a form provided by the Department, and a fee of $10. The permit is valid from the date of issuance until the following December 31.

#### Regulation .06 Breeding.

*COMAR 08.03.11.06*

A. A permittee may collect from the wild for breeding purposes not more than the number of individual reptiles or amphibians allowed in Regulation .05A of this chapter.

B. A permittee may breed turtles.

#### Regulation .07 Commercial Trade.

*COMAR 08.03.11.07*

A. A permittee may sell, offer for sale, trade, or barter individuals of each species or subspecies of reptiles or amphibians listed in Regulation .03A and B of this chapter if they are:

  (1) Captively produced and documented as described in Regulation .11B of this chapter; or

  (2) Legally obtained from outside of Maryland and documented as described in Regulation .11B of this chapter.

B. Reptiles or amphibians listed in Regulation .03A and B of this chapter may be obtained:

  (1) From another permittee and documented as described in Regulation .11B of this chapter; or

  (2) Legally from outside of Maryland and documented as described in Regulation .11B of this chapter.

C. A permittee may not sell, offer for sale, trade, or barter turtles with a carapace length less than 4 inches to any person in Maryland. A permittee may not display live turtles, sell, offer for sale, trade, or barter turtles with a carapace length less than 4 inches at a facility open to the general public. A permittee may sell, offer for sale, trade, or barter turtles with a carapace length less than 4 inches outside of Maryland if it is legal to do so in the state where the commercial trade occurs.

D. Reptiles or amphibians regulated under this chapter may not be taken from the wild in Maryland and sold, offered for sale, traded, or bartered.

#### Regulation .08 Sanitary Housing and Shipping Requirements.

*COMAR 08.03.11.08*

A. Reptiles and amphibians held in captivity under the authority of this chapter shall be housed under conditions which are humane, safe, and healthy.

B. Housing conditions shall meet all of the following requirements:

  (1) Enclosures shall be designed to:

    (a) Provide appropriate lighting, temperatures, humidity, and clean water to meet the physical requirements of the reptile or amphibian,

    (b) Keep the reptile or amphibian in complete and continuous captivity,

    (c) Restrict the entry of unauthorized persons or predatory animals,

    (d) Provide sufficient fresh food and clean water to fulfill the reptile or amphibian's dietary requirements and present the food and water in a manner compatible with the reptile or amphibian's particular eating habits, and

    (e) Minimize any potential danger to humans;

  (2) Enclosures shall be maintained in a sanitary condition and good repair;

  (3) Equipment shall be available for proper storage and disposal of waste material to control vermin, insects, and obnoxious odors;

  (4) Effective measures shall be provided to prevent and control infection and infestation of disease, parasites, or vermin;

  (5) Adequate shelter shall be provided for the comfort of the animal and, when necessary, for the isolation of diseased reptiles or amphibians; and

  (6) Reptiles or amphibians that are housed together shall be maintained in compatible groups without overcrowding.

C. Standards for Shipping and Transportation of Live Reptiles and Amphibians.

  (1) Container Design and Maintenance.

    (a) Containers used for the transport of live animals shall be designed, constructed, and fitted as appropriate to the species, size, and weight of the animals to be transported. Special attention shall be paid to the avoidance of injury to animals through the use of secure smooth fittings or walls free from sharp protrusions.

    (b) Containers shall be designed with the structures necessary to provide protection from adverse weather conditions and to minimize the opportunity for animals to escape.

    (c) In order to minimize the likelihood of the spread of infectious disease during transport, containers shall be designed to permit thorough cleaning and disinfection. The cleaning and disinfection shall be completed after animals have been removed from the container.

    (d) Containers shall be maintained in good mechanical and structural condition.

    (e) Containers shall have adequate ventilation to meet variations in climate and the thermo-regulatory needs of the species to be transported.

    (f) For salamanders, frogs, toads, and juvenile turtles, sufficient moisture shall be available and applied to prevent desiccation of the animal. Turtles may not be transported in water.

  (2) Provisions for Transport.

    (a) Containers shall be adequately designed and positioned during transport so that the containers are securely fastened within the vehicle.

    (b) Vehicles shall have adequate ventilation to meet variations in climate and the thermo-regulatory needs of the species being transported.

    (c) For salamanders, frogs, toads, and juvenile turtles, sufficient moisture shall be available and applied to prevent desiccation of the animal.

  (3) Space allowance considerations shall:

    (a) Limit the number of animals that may be transported in a container to only one animal per compartment;

    (b) Ensure that each animal is able to assume its natural position during transport, including during loading and unloading, without coming into contact with the roof or upper deck of the container; and

    (c) Provide sufficient headroom to allow for adequate airflow over the animals.

  (4) Animals may not be stacked upon one another in a container.

#### Regulation .09 Unlawful Methods for Taking from the Wild.

*COMAR 08.03.11.09*

A. A person may not take any reptile or amphibian regulated by this chapter by:

  (1) Lethal methods;

  (2) The use of a hook and line, trot line, bow and arrow, spear, gig or gig iron, or any other device capable of piercing any part of the reptile or amphibian;

  (3) Use of traps, pit falls, snares, seines, or nets other than dip nets; or

  (4) Use of chemicals, including gasoline.

B. A person may not destroy or alter dens, burrows, basking sites, nests, hibernating sites, or other places of refuge of reptiles or amphibians.

#### Regulation .10 Conditions for Release.

*COMAR 08.03.11.10*

A. Except as provided in §B(2) of this regulation, a reptile or amphibian that has been captively produced or that is not native to Maryland may not be released into the wild.

B. A person may release an individual of any species or subspecies of reptiles or amphibians taken from the wild back to the wild if:

  (1) It was not held in captivity with any other reptile or amphibian and it was not held in captivity for more than 30 days; or

  (2) The person has obtained prior written authorization from the Department.

C. Release of an individual reptile or amphibian under §B of this regulation shall occur at or near the point of capture.

#### Regulation .11 Record-Keeping Requirements.

*COMAR 08.03.11.11*

A. A permittee shall maintain accurate, current, and complete records on forms provided by the Department. A copy of these records shall be submitted to the Department:

  (1) At the time of application for permit renewal; or

  (2) By January 31, following expiration of the permit, if the permit is not renewed.

B. To prove that any reptile or amphibian held under a reptile and amphibian permit did not come from the wild in Maryland, a permittee shall retain as part of the permittee's records for each individual reptile or amphibian:

  (1) One of the following:

    (a) A certificate of origin issued at the time an individual of any species or subspecies of reptiles or amphibians listed in Regulation .03A and B of this chapter is obtained; or

    (b) A bill of sale or other documentation to prove that the individuals of any species or subspecies of reptiles or amphibians listed in Regulation .03A and B of this chapter were legally obtained; and

  (2) Breeding records for young produced in captivity by a permittee, including number of young produced by each female of each species.

C. A certificate of origin, bill of sale, or other documentation shall include:

  (1) Common name;

  (2) Scientific name;

  (3) Number of individuals by species;

  (4) Date of transaction;

  (5) Name and address of seller, including Maryland permit number when applicable.

D. The records referred to in §B of this regulation shall be maintained for each individual reptile or amphibian possessed by the permittee for as long as the reptile or amphibian is possessed by the permittee, or for 3 years following the disposition of each individual reptile or amphibian, whichever is longer.

E. A certificate of origin, a bill of sale, or other documentation shall be retained for the individuals of any species or subspecies of reptiles or amphibians that are similar in appearance to those species or subspecies regulated under this chapter.

#### Regulation .12 Inspection.

*COMAR 08.03.11.12*

A permittee shall allow the Department to:

A. Enter and inspect at any reasonable hour the premises where operations under this chapter occur; and

B. Inspect the records described in Regulation .11 of this chapter.

#### Regulation .13 Revocation.

*COMAR 08.03.11.13*

A. The Director may revoke a reptile and amphibian permit for a violation of:

  (1) Natural Resources Article, Title 10, Annotated Code of Maryland;

  (2) This chapter; or

  (3) The terms of the permit.

B. At the sole discretion of the Director, a reptile and amphibian permit revocation may result in confiscation of an individual of any species or subspecies of reptiles or amphibians listed in Regulation .03A—C of this chapter which only may be possessed, bred, or sold with a permit issued under the authority of this chapter. The disposition of confiscated individuals of any species or subspecies of reptiles or amphibians is at the discretion of the Director.

#### Regulation .14 Penalties.

*COMAR 08.03.11.14*

Violation of these regulations is a misdemeanor punishable under Natural Resources Article, §§10-205 and 10-1101—10-1107, Annotated Code of Maryland.

#### Regulation .15 Grandfather Clause.

*COMAR 08.03.11.15*

A. A person shall have until March 31, 2008, to declare in writing to the Director possession of each individual:

  (1) Eastern painted turtle, midland painted turtle, eastern mud turtle, northern red-bellied cooter, and stinkpot possessed prior to the effective date of this regulation, if the person possesses more than one individual, live or dead;

  (2) Diamond-backed terrapin possessed prior to the effective date of these regulations, if the person possesses any individuals taken from the wild;

  (3) Copperhead possessed prior to May 31, 2006;

  (4) Broad-headed skink, eastern six-lined racerunner, eastern hog-nosed snake, queen snake, or common ribbonsnake possessed prior to the effective date of this regulation, if the person possesses more than one individual, live or dead; or

  (5) Eastern mud salamander possessed prior to the effective date of this regulation, live or dead.

B. For each individual reptile or amphibian possessed, the declaration shall include:

  (1) Species name;

  (2) Number of individuals of each species;

  (3) Date acquired;

  (4) Sex, if known;

  (5) Estimated age;

  (6) Length;

  (7) Origin; and

  (8) Other identifying characteristics or specific markings such as tattoos, registration numbers, PIT tag numbers, coloration, missing limbs, or notched shells.

C. The Department shall acknowledge each declaration in writing. This acknowledgement shall serve as a permit for possession only and is not transferable.

D. The holder of a grandfather permit shall be subject to inspection as described in Regulation .12A of this chapter.

#### Regulation .16 Prohibition on Use in Competitions.

*COMAR 08.03.11.16*

No species listed in Regulation .03 of this chapter, regardless of origin, may be used in a competition.

### Chapter 12 — Wildlife Rehabilitation

**Authority:** Natural Resources Article, §§10-205 and 10-908, Annotated Code of Maryland

**Administrative History:** Effective date: October 29, 2001 (28:21 Md. R. 1854)

#### Regulation .01 Scope.

*COMAR 08.03.12.01*

A. The regulations in this chapter are in addition to any requirements imposed by:

  (1) COMAR 08.03.08;

  (2) The Migratory Bird Treaty Act, 16 U.S.C. §§703 — 712 as amended;

  (3) Any local law regulating the possession of wildlife; or

  (4) Any State law describing the practice of veterinary medicine.

B. This chapter allows for the rehabilitation of orphaned, sick, or injured wildlife to be released into the wild.

#### Regulation .02 Definitions.

*COMAR 08.03.12.02*

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

  (1) “Continuing education” means instruction, courses of instruction, study guides, or other materials determined by the Wildlife and Heritage Service to be necessary for a person to renew a permit allowing a person to rehabilitate wildlife.

  (2) “Endangered species” means a species whose continued existence as a viable component of the State's flora or fauna is determined to be in jeopardy including any species determined to be an “endangered species” pursuant to the federal Endangered Species Act of 1973, 16 U.S.C. §§1531 —1543.

  (3) “Facility” means equipment, housing, or other shelter used in, or necessary for, the rehabilitation of wildlife.

  (4) “Federal permit” means a permit for the rehabilitation of migratory birds issued by the United States Fish and Wildlife Service.

  (5) “Nonreleasable wildlife” means an animal that cannot be released because of a permanent injury, degenerative physical condition as a result of illness, or habituation to humans that would significantly reduce the chance of the animal surviving in the wild.

  (6) “Rehabilitation” means providing care for orphaned, sick, or injured wildlife for the purpose of returning it to the wild.

  (7) “Transport” means the act of a permittee, or agent of a permittee, causing or attempting to cause wildlife to be moved any place other than the premises of the permittee.

  (8) “Volunteer” means an individual working under the authority of a wildlife rehabilitation permit to assist a wildlife rehabilitator either at the facility or transporting animals to the facility.

  (9) “Skills checklist” means a form provided by the Department to the sponsor of an apprentice rehabilitator which describes levels of achievement sufficient to allow the Department to evaluate the application of the permittee.

#### Regulation .03 Incorporation by Reference.

*COMAR 08.03.12.03*

Procedures and Guidelines for Wildlife Rehabilitators Who are Authorized to Handle Rabies-Vector Species (RVS) (Connecticut Wildlife Rehabilitators Association, the Fund for Animals, amended by Patrice N. Klein, MS, VMD, DACPV Wildlife Veterinarian, The Humane Society of the United States, March 2001) is incorporated by reference.

#### Regulation .04 Permit Requirements.

*COMAR 08.03.12.04*

A. A permit, authorized in accordance with Natural Resources Article, §10-908, Annotated Code of Maryland, is required before a person may rehabilitate wildlife. Under the authority of the permit, a person may capture, receive, possess, transport, or transfer a wild animal to rehabilitate it for release in the wild.

B. To apply for a permit, an applicant shall:

  (1) Be 18 years old or older;

  (2) Demonstrate reasonable experience and skill in handling and caring for wild animals by:

    (a) Holding a degree in veterinary medicine, veterinary technology, or animal science; or

    (b) Providing documentation that the person has provided physical care for animals under the authority of a permit allowing a person to rehabilitate wildlife; and

  (3) Sign an affidavit which states an agreement to abide by this chapter and all State and federal wildlife laws and regulations.

C. Expiration and Renewal.

  (1) Except as provided in §C(2) of this regulation, a permit expires on December 31 of the year following the year of its issuance.

  (2) If a permittee applies for renewal of a permit in a timely manner, and meets the requirements of §D of this regulation, the Department shall issue a renewal permit to the permit holder for a 2-year term.

D. A permittee may renew a permit if the permittee has complied with the requirements of this chapter for:

  (1) Recordkeeping;

  (2) Rehabilitation activities;

  (3) Continuing education;

  (4) Appropriate sponsorship for apprentice class permittees;

  (5) Inspection of facilities; and

  (6) Identification of a veterinary consultant.

E. A person shall notify the Department within 24 hours of the receipt of any species listed as State or federally threatened or endangered.

F. The permit allowing a person to rehabilitate wildlife may contain other terms and conditions considered appropriate by the Department.

#### Regulation .05 Classes of Permits.

*COMAR 08.03.12.05*

A. The Department shall issue apprentice and master level permits to allow a person to rehabilitate wildlife upon satisfaction of the requirements of this regulation.

B. Apprentice Wildlife Rehabilitator.

  (1) The Department shall provide an application form to an applicant for an apprentice level permit to allow a person to rehabilitate wildlife. The applicant shall:

    (a) Meet the requirements of Regulation .04 of this chapter;

    (b) Provide the name, address, and telephone number of the applicant's sponsor;

    (c) Agree to meet the educational requirements described in Regulation .06 of this chapter during the 2-year apprentice period; and

    (d) Agree to provide 200 documented hours of physical care for sick, injured, or orphaned wildlife under the direct supervision of a master rehabilitator during a 2-year period beginning with the date the applicant files the application package.

  (2) The apprentice may care for orphaned, sick, or injured wildlife for the first year under the direct supervision of the sponsor and at the facility of the sponsor. During the second year, the apprentice may care for sick, injured, or orphaned wildlife at the apprentice's home if it meets the facility requirements described in Regulation .11 of this chapter.

  (3) The documents in support of an apprentice 's permit are the property of the apprentice. An apprentice may change to another sponsor after the applicant has provided written notification to, and received permission from, the Wildlife and Heritage Division.

C. Master Wildlife Rehabilitator.

  (1) The Department shall provide an application form to an applicant for a master level permit. The applicant shall:

    (a) Meet the requirements of Regulation .04 of this chapter;

    (b) Have served as an apprentice for at least 2 years;

    (c) File a letter from the applicant's sponsor recommending the applicant for a master class permit;

    (d) Document the number of hours spent practicing rehabilitation as an apprentice;

    (e) Provide the skills checklist completed by the applicant's sponsor;

    (f) Maintain rehabilitation facilities in accordance with the standards described in Regulation .11 of this chapter;

    (g) Identify a licensed veterinarian who has agreed to assist and consult with the applicant for the treatment and care of animals being rehabilitated;

    (h) Be a member in good standing of a nationally recognized rehabilitation association and agree to maintain the membership; and

    (i) Provide documentation to demonstrate that the applicant has completed 12 hours of continuing education or research as described in Regulation .06 of this chapter, for each 24 months of the applicant's apprenticeship.

  (2) An individual licensed as a master rehabilitator may:

    (a) Possess orphaned, sick, or injured birds or mammals for rehabilitation;

    (b) Serve as a sponsor for an apprentice class rehabilitator;

    (c) Designate volunteers to assist in the care and feeding of animals in the facility of the master rehabilitator under the direct supervision of the master rehabilitator; and

    (d) Transport animals if the names and addresses of the volunteers are provided to the Department.

  (3) On the face of the permit, the Department shall list the species for which a master rehabilitator may provide care.

  (4) Upon application to the Department, the Department shall issue a master permit to a veterinarian who files:

    (a) Documents to show that the veterinarian is licensed to practice veterinary medicine in the State; and

    (b) Evidence that the veterinarian has access to a facility which meets the requirements of Regulation .11 of this chapter.

D. Upon application to the Department, the Department shall issue to an individual who holds a permit that allows a person to rehabilitate wildlife before the effective date of this chapter:

  (1) An apprentice level permit if the individual has held the permit for less than 2 years during a 5-year period; or

  (2) A master level permit if the individual has held the permit for at least 2 years during a 5-year period.

E. Except as provided under §C(2) of this regulation, a permit issued under the authority of this chapter may not be transferred or delegated to another.

F. Except for a licensed veterinarian, a rehabilitator may not charge a fee to rehabilitate any animal.

#### Regulation .06 Examinations and Continuing Education Requirements.

*COMAR 08.03.12.06*

A. An applicant for a permit allowing a person to rehabilitate wildlife shall take a course and pass a test designed by:

  (1) The International Wildlife Rehabilitation Council; or

  (2) The National Wildlife Rehabilitation Association.

B. For each license period, a master wildlife rehabilitator shall complete 12 hours of continuing education classes or research approved by the Department. The Department shall provide a list of approved activities offered through state or national rehabilitation organizations, veterinary experts in a specialized field, or master rehabilitators to complete this requirement.

#### Regulation .07 Sponsorship.

*COMAR 08.03.12.07*

A. A master wildlife rehabilitator may serve as a sponsor for an apprentice wildlife rehabilitator if the individual:

  (1) Has held a master class permit for at least 2 years;

  (2) Has the authority to care for the species the apprentice is seeking a permit to rehabilitate;

  (3) Agrees to document the apprentice's hours spent doing rehabilitation work; and

  (4) Agrees to complete a skills check list for the apprentice.

B. A master rehabilitator may not charge a fee to sponsor an apprentice rehabilitator.

#### Regulation .08 Provisional Permits.

*COMAR 08.03.12.08*

A. To provide a group of master rehabilitators to serve as sponsors for apprentice level permittees, the Department may issue a provisional permit to an individual qualified under Regulation .04 if that individual agrees to complete the continuing education requirements described in Regulation .06 of this chapter within 1 year of the date the provisional permit is issued.

B. A Maryland resident licensed to rehabilitate wildlife in another state may be issued a provisional rehabilitation permit if the individual agrees to complete the continuing education requirements under Regulation .06 of this chapter within 1 year of the date the provisional permit is issued.

#### Regulation .09 Exemptions for Licensed Veterinarians.

*COMAR 08.03.12.09*

A. A licensed veterinarian may serve as a consultant to an apprentice or master class permittee without a permit allowing a person to rehabilitate wildlife.

B. A licensed veterinarian without a permit allowing a person to rehabilitate wildlife may treat wild animals, protected birds, or protected mammals in the office or clinic if the animals are not kept at the veterinary office or clinic longer than 48 hours.

C. A licensed veterinarian shall notify the Department within 24 hours if the veterinarian is holding any State or federally listed threatened or endangered species.

#### Regulation .10 Record-Keeping and Reporting Requirements.

*COMAR 08.03.12.10*

A. A rehabilitator authorized under this chapter shall maintain records on forms provided by the Department. The records shall reflect:

  (1) The species of animal received;

  (2) When the animal was received and where it was obtained;

  (3) Disposition of the animal; and

  (4) If an animal was released, where the animal was released.

B. The records shall be updated within 24 hours of the receipt or disposition of an animal.

#### Regulation .11 Facilities and Operating Standards.

*COMAR 08.03.12.11*

A. Except to provide food, water, and exercise for animals, indoor and outdoor facilities, cages, pens, enclosures, and other areas shall be sufficiently separate from domestic animals and human living or work space in order to prevent human contact with the animals.

B. Animals shall be caged with like species except when:

  (1) Removal is necessary for veterinary treatment;

  (2) Being transferred to another licensed rehabilitator; or

  (3) Being prepared to be released into the wild.

C. Facilities.

  (1) A facility where animals are kept shall be structurally sound and in good repair in order to protect the animals from injury, contain the animals securely, and prevent other animals from entering.

  (2) Reptile and amphibian species shall be housed in accordance with COMAR 08.03.11.

  (3) Animal enclosures shall provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement.

  (4) Malnutrition, poor condition, debility, stress, or abnormal behavior patterns are indicators of inadequate space.

  (5) Adequate potable water shall be available on the premises.

  (6) Reliable and adequate electrical power shall be available on the premises if required to comply with other regulations in this chapter.

#### Regulation .12 Sanitation.

*COMAR 08.03.12.12*

A permittee shall dispose of animal and food waste, bedding, dead animals, trash, and debris. Disposal facilities shall be provided and operated to minimize vermin infestation, odors, and disease hazards. Rehabilitators shall comply with all applicable laws pertaining to disposal. A suitable sanitary method shall be provided to rapidly eliminate excess water from indoor housing facilities. If drains are used, they shall be constructed and installed to prevent backup of sewage and kept in good repair to avoid foul odors.

#### Regulation .13 Indoor Facilities.

*COMAR 08.03.12.13*

A. The temperature in indoor housing facilities shall be regulated by heating or cooling to protect the animals from extremes of temperature, to provide for their health, and to prevent their discomfort. The ambient temperature may not fall below or rise above the temperatures which the animal can tolerate without stress or discomfort.

B. Indoor facilities shall at all times be adequately ventilated by natural or mechanical means to provide for the health and to prevent discomfort of the animals. The facilities shall be provided with fresh air by means of windows, doors, vents, fans, or air-conditioning, and shall be ventilated to minimize drafts, odors, and moisture condensation.

C. Indoor facilities shall have ample lighting, by natural or artificial means, or both, of good quality, distribution, and duration as appropriate to the species being rehabilitated. The lighting shall be uniformly distributed and of sufficient intensity to permit routine inspection and cleaning. Lighting of primary enclosures shall be designed to protect the animals from excessive illumination.

#### Regulation .14 Outdoor Facilities.

*COMAR 08.03.12.14*

A. When sunlight is likely to cause overheating or discomfort of animals, sufficient shade by natural or artificial means shall be provided to allow animals kept outdoors to protect themselves from direct sunlight.

B. Natural or artificial shelter appropriate to the local climatic conditions for a species shall be provided for animals kept outdoors to afford sufficient protection and to prevent discomfort. Individual animals shall be acclimated before they are exposed to extremes of weather.

#### Regulation .15 Animal Health and Care.

*COMAR 08.03.12.15*

A. The food provided for the animal shall be wholesome, palatable, free from contamination, and of sufficient quantity and nutritional value to maintain the animal in good health. The diet shall be prepared with consideration for the age, species, condition, size, and type of the animal. Animals shall be fed at least once daily, except during normal hibernation, veterinary treatment, normal fasts, or other professionally accepted practices.

B. Food receptacles, if used, shall be adequate to provide food in sufficient quantity, accessible to all animals in the enclosure, and placed to minimize contamination. The receptacles shall be kept clean. If self-feeders are used, measures shall be taken to prevent molding, contamination, deterioration, or caking of the food.

C. If potable water is not accessible to animals at all times, it shall be provided as often as necessary for the health and comfort of the animal.

D. Animals shall be observed at least once every day by the permittee or by a designated in-shelter assistant working under the rehabilitator's direct supervision.

E. Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of animals, minimize disease, and reduce odors. When enclosures are cleaned by hosing or flushing, the animals shall be protected from being directly sprayed.

F. After the presence of an animal with an infectious disease, cages, rooms, and hard surfaced pens or runs shall be sanitized. Sanitized means either washing with hot water and soap or detergent, as in a mechanical washer, or by washing all soiled surfaces with a detergent solution. This procedure shall be followed by a safe and effective disinfectant, or by cleaning all soiled surfaces with saturated live steam under pressure. Pens or runs using gravel, sand, or dirt shall be cleaned when necessary as directed by the veterinary consultant.

G. Areas in which the animals are housed shall be kept clean to protect the animals from injury and stress. Trash shall be placed in designated areas and cleared as necessary to protect the health of the animals.

H. A safe and effective program for the control of insects, ectoparasites such as fleas, ticks, and flies, and avian and mammalian pests, shall be established and maintained. The pest control program shall be established and maintained under the supervision of the permittee's veterinarian consultant.

I. Programs for disease prevention, euthanasia, and adequate veterinary care shall be established and maintained under the supervision of the permittee's veterinarian consultant.

J. Handling of animals shall be kept to a minimum, but when necessary shall be done expeditiously and carefully to prevent discomfort, behavioral stress, or physical harm to the animal or harm to the handler. Human contact with animals being rehabilitated shall be kept to a minimum.

K. An animal being rehabilitated may not be publicly exhibited.

#### Regulation .16 Inspection of Facilities.

*COMAR 08.03.12.16*

The Department may:

A. Enter and inspect the premises where operation under this chapter occurs; and

B. Inspect the records associated with activities regulated under this chapter.

#### Regulation .17 Transfer of Animals.

*COMAR 08.03.12.17*

Animals being rehabilitated may be transferred to another licensed rehabilitator if, after discussing it with the rehabilitator's veterinary consultant, it is determined that another licensed rehabilitator authorized to care for the animal would be able to provide improved care.

#### Regulation .18 Limit on Number of Permits.

*COMAR 08.03.12.18*

The Department may limit the total number of permits which allow a person to rehabilitate wildlife that are issued, or the number issued in certain geographic areas of the State, if in the best interest of the wildlife resource, or if necessary to provide for the most efficient management of the permitting process by the Department.

#### Regulation .19 Restrictions on Species.

*COMAR 08.03.12.19*

A. The Department may restrict the rehabilitation of certain species of animals, either Statewide or in certain geographic locations, due to disease, overpopulation, or other limiting factors. The permit may be limited to certain species if determined to be in the best interest of the wildlife resource, or upon the request of the applicant.

B. Coyotes, nutria, deer, and black bear may only be rehabilitated at the discretion of the Wildlife and Heritage Service. Raccoons, skunks, foxes, and bats may only be rehabilitated in accordance with the standards set forth in the “Procedures and Guidelines for Wildlife Rehabilitators Who are Authorized to Handle Rabies-Vector Species (RVS)”.

#### Regulation .20 Release of Animals.

*COMAR 08.03.12.20*

A. When, in the judgment of the rehabilitator, after discussion with the rehabilitator's veterinarian consultant, an injured or sick animal has sufficiently recovered, or an orphaned animal has matured to the point that it has a reasonable chance to survive in the wild, the animal shall be released immediately in a suitable habitat as near as possible to the point where the animal was captured.

B. Rehabilitated animals may not be transported across a state line to be released, or for any other purpose, unless prior approval has been obtained from the Department.

#### Regulation .21 Disposition of Nonreleasable Animals.

*COMAR 08.03.12.21*

A. If, in the judgment of the rehabilitator, and after discussion with the rehabilitator's veterinarian consultant, an injured, sick, or orphaned animal is incapable of surviving if released to the wild, the animal shall be:

  (1) Humanely euthanized under the direction of the veterinarian consultant in accordance with Regulation .22 of this chapter;

  (2) Turned over to the Wildlife and Heritage Service; or

  (3) Transferred as directed by the Wildlife and Heritage Service.

B. An animal held under the authority of this chapter that is not suitable for release may not be used for scientific, educational, or exhibition purposes.

C. An animal that dies of natural causes, or has been euthanized, shall be:

  (1) Buried, incinerated, rendered, or turned over to an individual or institution which holds a valid scientific collection permit, or, in the case of a migratory bird, a federal salvage permit; or

  (2) Submitted to a State laboratory for necropsy.

D. Threatened or endangered species shall be disposed of after approval for disposition is obtained from the Wildlife and Heritage Service.

E. Live or dead animals, or any parts of the animals, may not be sold, bartered, or given away except as provided by this regulation.

#### Regulation .22 Euthanasia.

*COMAR 08.03.12.22*

A. Euthanizing shall be done by the most humane means possible by a rehabilitator or the rehabilitator's veterinary consultant, and in a manner prescribed by the veterinary consultant. These procedures shall conform to the standards set by the American Veterinary Medicine Association or the National Wildlife Rehabilitation Association.

B. An animal listed as a threatened or endangered species may be euthanized after the rehabilitator has obtained the approval of the Wildlife and Heritage Service if:

  (1) It is necessary to relieve immediate pain; or

  (2) The Department determines that recovery is highly unlikely.

#### Regulation .23 Revocation.

*COMAR 08.03.12.23*

A. The Department may revoke a permit issued under this chapter for a violation of:

  (1) This chapter;

  (2) The terms of the permit; or

  (3) A State or federal wildlife law or regulation.

B. If a permit under this chapter is revoked, the Director of the Wildlife and Heritage Service, in the Director's sole discretion, may order confiscation of a member of a species or subspecies of wildlife. The disposition of confiscated members of a species or subspecies is at the discretion of the Director consistent with applicable law.

#### Regulation .24 Penalties.

*COMAR 08.03.12.24*

Violation of this chapter is a misdemeanor punishable under Natural Resources Article, §§10-205 and 10-1101—10-1107, Annotated Code of Maryland.

### Chapter 13 — Regulated Shooting Areas

**Authority:** Natural Resource Article, §§10-205, 10-206, 10-301, 10-404—10-409, 10-415, 10-418, 10-601.1, 10-902, 10-903, and 10-906, Annotated Code of Maryland

**Administrative History:** Effective date: October 14, 2002 (29:20 Md. R. 1597)

**Administrative History:** Regulation .02D amended effective August 13, 2007 (34:16 Md. R. 1431)

**Administrative History:** Regulation .04 amended effective August 13, 2007 (34:16 Md. R. 1431)

**Administrative History:** Regulation .04A amended effective August 24, 2020 (47:17 Md. R. 796)

**Administrative History:** Regulation .05A amended as an emergency provision effective April 1, 2010 (37:9 Md. R. 672); emergency status expired effective April 30, 2010

**Administrative History:** Regulation .05A amended effective August 23, 2010 (37:17 Md. R. 1184)

**Administrative History:** Regulation .05D amended effective August 13, 2007 (34:16 Md. R. 1431)

**Administrative History:** Regulation .05E amended effective August 11, 2008 (35:16 Md. R. 1390)

**Administrative History:** Regulation .05G, H amended effective August 24, 2020 (47:17 Md. R. 796)

**Administrative History:** Regulation .06E amended and G adopted effective August 13, 2007 (34:16 Md. R. 1431)

#### Regulation .01 Definitions.

*COMAR 08.03.13.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Commercial regulated shooting area” means a regulated shooting area that is open to the public and charges a fee.

  (2) “Flighted mallards” means captive-raised mallard ducks that are properly marked by the permittee, released on the property designated as a regulated shooting area, and hunted immediately after release.

  (3) “Free-flying mallards” means captive-raised mallard ducks that are properly marked by the permittee, reared and released on the property designated as a regulated shooting area, and hunted during the open season established by federal regulation pursuant to 50 CFR Part 20 for mallard ducks.

  (4) “Noncommercial regulated shooting area” means a regulated shooting area that is not open to the public or has closed membership.

  (5) “Permittee” means a person possessing a regulated shooting area permit or an individual authorized by the permit holder to act pursuant to the provisions of the permit and this chapter.

  (6) “Regulated shooting area”, referred to as regulated shooting ground in Natural Resources Article, §10-906, Annotated Code of Maryland, means a tract of land, including any waters, on which the permittee may raise, release, and hunt captive-raised pheasant, bobwhite quail, chukar partridge, Hungarian partridge, turkey, and mallard ducks as specified on the permit and provided for in this chapter.

#### Regulation .02 Permits.

*COMAR 08.03.13.02*

A. Permit Required.

  (1) A permit to operate a regulated shooting area allows the permittee to raise, release, and hunt captive-raised pheasant, bobwhite quail, chukar partridge, Hungarian partridge, turkeys and mallard ducks on the permitted regulated shooting area as provided on the permit and subject to the regulations in this chapter. Turkeys may be authorized for release only on a regulated shooting area that was permitted to release turkeys before September 1, 1992.

  (2) A person may not operate a regulated shooting area without a regulated shooting area permit.

B. Application.

  (1) To apply for a regulated shooting area permit, a person shall submit to the Wildlife and Heritage Service (the Service):

    (a) A completed application form provided by the Service;

    (b) A copy of a tax map on which the applicant has delineated the tract of land to be permitted, demonstrating the property meets the minimum size requirements in Regulation .04 of this chapter;

    (c) An application fee of $150;

    (d) The species the person seeks authority to raise, release, and hunt;

    (e) If an applicant is requesting to release mallard ducks, a statement whether the applicant desires to release and hunt flighted mallard ducks, free-flying mallard ducks, or both; and

    (f) If an applicant is requesting authority to release and hunt free-flying mallard ducks, the number of free-flying mallard ducks to be released and an annual habitat management plan that ensures that adequate amounts of water and food are available year-round to sustain the number of free-flying mallards ducks released.

  (2) The Service shall provide applicants with guidelines for habitat management plans with the permit application.

  (3) Permit applications may be obtained from the Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland 21401, or by calling (410) 260-8540. Complete applications shall be mailed or delivered to: Permits Coordinator, Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland 21401.

C. Conditions for Issuance. Upon receipt of the application, the Service shall review the application for its compliance with this chapter. The Service may not issue a permit to operate a regulated shooting area until it is satisfied that issuance of the permit will not be harmful or adverse to the conservation of native game species or to any public interest. The Service may inspect the property prior to issuance of the permit.

D. Duration. The permit shall be valid from the date of issuance until the following June 30, unless revoked by the Service. Applications to release and hunt free-flying mallard ducks shall be received by the Service before September 1 annually. Applications to release and hunt flighted mallard ducks, pheasant, bobwhite quail, chukar partridge, Hungarian partridge, and turkey may be made at any time.

#### Regulation .03 Record-Keeping Requirements.

*COMAR 08.03.13.03*

A. Annual Reports.

  (1) The permittee shall make an annual report of operations by April 30 of each permit year on forms provided by the Service with the regulated shooting area permit.

  (2) The report shall include:

    (a) The number and species of captive-raised birds that have been released, killed, or recaptured on the regulated shooting area each day;

    (b) The number and species of all wild waterfowl that have been killed on the regulated shooting area excluding any of the captive-raised birds listed in §A(2)(a) of this regulation;

    (c) An estimate of how many captive-raised birds by species were released and not captured; and

    (d) Any outbreaks of avian influenza or other diseases in the captive-raised birds raised, released, or captured on the regulated shooting ground.

  (3) The Department may not issue a new permit for a regulated shooting area to an existing permit holder unless the report required under this section has been filed.

B. Records of Birds Purchased.

  (1) The permittee shall maintain records of:

    (a) The number and species of captive-raised birds purchased;

    (b) The date on which they were purchased; and

    (c) The name and address from whom they were purchased.

  (2) These records shall be retained for 12 months from the date of the transaction.

#### Regulation .04 Area Requirements.

*COMAR 08.03.13.04*

A. Minimum Size. Each regulated shooting area shall be in one tract of land, or land and water combined. A regulated shooting area permit may not be issued for less than 50 acres for hunting flighted mallard ducks, or less than 100 acres for hunting all other species. The regulated shooting area may include areas bisected by roads with easements less than 60 feet wide. The regulated shooting area acreage cannot include adjacent public waters.

B. Signage and Boundary Posting.

C. The permittee shall maintain in the permittee's possession an aerial photograph delineating the boundaries of the regulated shooting area and make the photograph available for inspection by the Department.

#### Regulation .05 Hunting.

*COMAR 08.03.13.05*

A. Hunting Seasons.

  (1) The open season for captive-raised pheasant, chukar partridge, Hungarian partridge, turkey, and flighted mallard ducks is September 1 through April 30.

  (2) The open season for captive-raised bobwhite quail shall conform to the regular Statewide seasons except:

    (a) Captive-raised bobwhite quail may be hunted on the regulated shooting area from September 1 through April 30 if the regulated shooting area was granted these extended season dates for captive-raised bobwhite quail prior to July 1, 2003; or

    (b) An applicant for a regulated shooting area permit may request approval from the Service, at the time of application, to hunt captive-raised bobwhite quail on the regulated shooting area from September 1 through April 30.

  (3) Approval of a request under §A(2)(b) of this regulation shall be noted on the face of the regulated shooting area permit, if the Service finds, after investigation, that these extended season dates will not be harmful or adverse to the conservation of native game species.

  (4) Hunting on Sunday is authorized only as provided in Natural Resources Article, §10-410(a), Annotated Code of Maryland.

  (5) The open season for free-flying mallard ducks is the same as the open season for mallard ducks established by federal regulation pursuant to 50 CFR Part 20.

B. Hunting Hours. Hunting hours in regulated shooting areas shall conform to:

  (1) Natural Resources Article, §10-410(b), Annotated Code of Maryland; and

  (2) Federal hunting hours pursuant to 50 CFR Part 20.

C. Bag and Possession Limit. The permittee may take by shooting only captive-raised birds that are marked under this chapter that have been released on the permitted regulated shooting area or on any other regulated shooting area, without regard to any bag or possession limits.

D. Hunting License and Stamps Required.

  (1) Unless otherwise exempted by statute, an individual may hunt released, captive-raised pheasant, bobwhite quail, chukar partridge, Hungarian partridge and turkey on the regulated shooting area only while in possession of a valid:

    (a) Maryland resident or nonresident hunting license; or

    (b) Regulated shooting area special hunting license.

  (2) Unless otherwise exempted by statute, an individual may hunt flighted mallard ducks on the regulated shooting area only while in possession of:

    (a) A valid:

      (i) Maryland resident or nonresident hunting license; or

      (ii) Regulated shooting area special hunting license; and

    (b) A valid Maryland Migratory Game Bird Stamp.

  (3) Unless otherwise exempted by statute, an individual may hunt free-flying mallard ducks on the regulated shooting area only while in possession of a valid:

    (a) Maryland resident or nonresident hunting license;

    (b) Maryland Migratory Game Bird Stamp; and

    (c) Federal Migratory Bird Hunting and Conservation Stamp.

  (4) Unless otherwise exempted by statute, an individual hunting any other game species on the regulated shooting area shall possess a valid Maryland resident or nonresident hunting license, and any required stamps.

E. Removal of Live Decoys. Captive-raised released mallard ducks that may act as live decoys may be removed by the permittee by shooting only during the open season for mallard ducks established by federal regulation and with the written approval of the Service. The hunting of wetland game birds may not occur for a period of 10 consecutive days after removal of these birds. Any violation of these conditions is a violation of COMAR 08.03.07.05.

F. Dog Training. Dogs may be trained, and retriever or field trials may be held at any time of the year, upon the premises covered by a regulated shooting area permit. A special permit as required in Natural Resources Article, §10-701, Annotated Code of Maryland, first shall be obtained to conduct a retriever trial or field trial.

G. Hunting from Shorelines. A person hunting from a shoreline located within the tract licensed as a regulated shooting area:

  (1) May place decoys, retrieve downed birds, and shoot crippled birds on adjacent public waters; and

  (2) Shall follow the bag and possession limit for properly marked captive-raised mallard ducks consistent with §C of this regulation.

H. Hunting of Other Species. All other game that is taken or hunted on regulated shooting areas is subject to the wildlife laws and regulations of this State.

#### Regulation .06 Captive Birds.

*COMAR 08.03.13.06*

A. Care of Captive Birds. Birds held in captivity under the authority of this chapter shall be maintained under conditions providing adequate space, food, and water to meet the physical requirements of the birds.

B. Release. All captive-raised birds released shall be full-winged and fully able to care for themselves in a wild state.

C. Marking.

  (1) Before release, all captive-raised birds, except mallard ducks, shall bear a leg band or other marking device prescribed by the Service. The leg band shall remain attached to each captive-raised bird until prepared for consumption and shall be destroyed immediately upon removal.

  (2) Mallard ducks shall be physically marked by removal of the hind toe from the right foot before they are 4 weeks old and may not be marked with leg bands or any other marking device.

D. Recapture of Released Birds.

  (1) Pheasant, bobwhite quail, turkey, chukar partridge, and Hungarian partridge that are properly marked may be recaptured by the permittee on the lands and waters of the regulated shooting area.

  (2) Flighted mallard ducks may be recaptured by the permittee on the lands and waters of the regulated shooting area only if allowed as a specific condition on the face of the permit.

  (3) Free-flying mallard ducks may not be recaptured.

E. Feeding.

  (1) If the permittee feeds free-flying mallard ducks released on the regulated shooting area, all feeding shall be done by a feeder located on dry land. All feed shall be completely removed for at least 10 consecutive days before hunting free-flying mallard ducks or any wetland game bird on the regulated shooting area. This subsection does not apply if the only wetland game birds being hunted are flighted mallard ducks. A violation of these conditions is a violation of COMAR 08.03.10.07.

  (2) The feeding of captive-raised mallard ducks in tidal waters, or within 25 feet of the mean high water line of tidal waters bordering the regulated shooting area, is prohibited.

F. Sale of Live Birds. If a permittee desires to sell live birds, the permittee shall obtain a game husbandry permit as described in Natural Resources Article, §10-905, Annotated Code of Maryland.

G. Possessing, Transporting, and Marking of Mallard Carcasses.

  (1) Except as provided in §G(2) and (3) of this regulation, at all times during possession, transportation, and storage until the raw carcasses are finally processed immediately before cooking, smoking, or canning, the toe-clipped foot of captive-raised mallard ducks shall remain attached to each carcass.

  (2) A permittee may remove the toe-clipped foot of captive-raised mallard ducks if the number of the regulated shooting area permit first has been legibly stamped in ink:

    (a) On the back of each carcass or breast; and

    (b) On the container in which the carcass or breast is stored.

  (3) If properly marked under §G(2) of this regulation, the carcasses and breasts may be:

    (a) Given to or acquired from any person; and

    (b) Possessed and transported in any number at any time or place.

#### Regulation .07 Health, Inspection, and Testing.

*COMAR 08.03.13.07*

A. Report of Disease Outbreaks. The permittee shall report unusual death or sickness of captive-raised birds immediately to the nearest Maryland Department of Agriculture animal health laboratory, and transport dead and sick captive-raised birds to the nearest Maryland Department of Agriculture animal health laboratory for diagnostic examination.

B. Inspection. The permittee shall allow the Department or the Department's representative to enter the regulated shooting area at all reasonable hours to inspect:

  (1) Records required to be maintained under this chapter;

  (2) All hatcheries, equipment, and facilities used for rearing and holding captive-raised birds; and

  (3) The grounds and water of the regulated shooting area.

C. Testing.

  (1) The permittee shall allow the Department or the Department's representative to enter the regulated shooting area at all reasonable hours to:

    (a) Collect environmental samples from all hatching, rearing, and holding facilities;

    (b) Culture or biochemical test these samples for the presence of avian diseases; and

    (c) Test a sample of captive-raised birds from the permittee's flock.

  (2) The permittee shall provide the Department captive-raised birds for testing at no cost to the Department, as the Department considers necessary.

#### Regulation .08 Penalties.

*COMAR 08.03.13.08*

A. Revocation and Suspension.

  (1) The Service may revoke or suspend a regulated shooting area permit for any violation of this chapter or of the terms of the permit.

  (2) If a regulated shooting ground permit is suspended, a new permit may not be issued for that regulated shooting ground, regardless of who applies, until the period of suspension ends.

B. Additional Penalties.

  (1) For the purposes of this section a second or subsequent conviction is a violation that has occurred within 2 years of the first conviction and that arises out of a separate set of circumstances than the first conviction.

  (2) In addition to any other penalty provided by this chapter or Natural Resources Article, Annotated Code of Maryland, if a person who holds a permit to establish and operate a regulated shooting ground under this chapter or any other guest of that person is convicted of violating on the premises of the regulated shooting area a provision of State or federal law or regulation that establishes daily or seasonal bag limits, prohibits baiting, or prohibits the hunting of wetland game birds on a regulated shooting area by the use or aid of live birds as decoys, the Director shall suspend the permit:

    (a) For the first conviction, for the following permit year; and

    (b) For the second or subsequent conviction, for the following 2 permit years.

### Chapter 14 — Waterfowl Outfitting and Guiding

**Authority:** Natural Resources Article, §§1-104 and 10-309; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date: April 11, 2005 (32:7 Md. R. 676)

**Administrative History:** Regulation .03B amended effective October 3, 2011 (38:20 Md. R. 1201)

**Administrative History:** Regulation .03F amended effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .04F amended effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .06C amended effective August 31, 2015 (42:17 Md. R. 1111)

#### Regulation .01 Definitions.

*COMAR 08.03.14.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Convicted” or “conviction” means:

    (a) To have been found guilty in a court of law; or

    (b) To have forfeited collateral.

  (2) “Hunter” means a person who attempts to pursue, kill, shoot, or in any manner reduce to personal possession, any wild waterfowl.

  (3) “Hunting club” means a group of individuals who pay dues or other compensation to hunt wild waterfowl.

  (4) “Master hunting guide” means a person who was licensed as a master hunting guide by the Service before April 11, 2005.

  (5) “Outfitting” means, for compensation, providing hunters with:

    (a) Access to a hunting area;

    (b) Hunting equipment, including but not limited to, a blind, a boat, and decoys; and

    (c) A licensed waterfowl hunting guide who provides personal guiding services.

  (6) “Personal guiding services” means:

    (a) Accompanying hunters while in the field; and

    (b) Performing any of the following activities:

      (i) Calling wild waterfowl;

      (ii) Directing the times and zones of shooting by hunters;

      (iii) Directing the species and number of wild waterfowl taken by hunters;

      (iv) Dispatching wounded wild waterfowl; and

      (v) Retrieving downed wild waterfowl.

  (7) “Waterfowl hunting guide” means an individual who:

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

    (b) Furnishes personal guiding services.

  (8) “Waterfowl outfitter” means an individual who receives monetary compensation for the outfitting of hunters to hunt wild waterfowl.

#### Regulation .02 Licenses.

*COMAR 08.03.14.02*

A. Licenses Required.

  (1) An individual shall be licensed by the Service as a waterfowl outfitter before the individual may outfit a hunter to hunt wild waterfowl for monetary consideration including:

    (a) Direct monetary consideration from hunters for daily or multi-day hunts; or

    (b) Indirect monetary consideration from the dues or membership payments of hunting club members.

  (2) An individual must be licensed by the Service as a waterfowl hunting guide before the individual may provide personal guiding services for which a waterfowl outfitter receives monetary consideration as described in §A(1) of this regulation.

  (3) A waterfowl outfitter may not employ or provide an unlicensed waterfowl hunting guide for the purpose of providing personal guiding services.

B. Application.

  (1) To apply for a waterfowl outfitter license or a waterfowl hunting guide license, an applicant shall submit the following information:

    (a) A completed application including the applicant's:

      (i) Full name;

      (ii) Address of residence;

      (iii) Address of business;

      (iv) Social security number;

      (v) Birth date; and

      (vi) Telephone number;

    (b) A copy of a current Maryland hunting license; and

    (c) An application fee of:

      (i) $300 for a waterfowl outfitter license; or

      (ii) $50 for a waterfowl hunting guide license.

  (2) An applicant for a waterfowl outfitter license shall include with the application a statement documenting the applicant's qualifications in meeting the requirements of Regulation .03B(3) of this chapter. An applicant using the provisions of Regulation .03B(3)(b) of this chapter to qualify for a waterfowl outfitter license shall provide a statement documenting the applicant's waterfowl hunting guide experience.

  (3) Permit applications may be obtained from the Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland, 21401, or by calling 410-260-8540, or online at www.dnr.state.md.us.

  (4) Completed applications shall be mailed or delivered to: Permits Coordinator, Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland, 21401.

C. Duration. Waterfowl outfitter and waterfowl hunting guide licenses are valid from August 1 to July 31.

#### Regulation .03 Qualifications for Waterfowl Outfitter License.

*COMAR 08.03.14.03*

A. The Service may not issue a waterfowl outfitter license if the applicant does not meet the qualifications of this regulation.

B. A waterfowl outfitter licensee shall meet the following qualifications:

  (1) Be 18 years old or older;

  (2) Possess a valid Maryland hunting license; and

  (3) Have one of following sources of experience:

    (a) Previously licensed by the Service as a master hunting guide; or

    (b) Previously employed by a licensed waterfowl outfitter, for two seasons, as a waterfowl hunting guide licensed by the Service.

C. The Service shall review each license application to determine if, within the prior 3 year period, the applicant has been convicted of violating state or federal migratory game bird laws or regulations pertaining to:

  (1) Hunting with the aid of bait;

  (2) Exceeding the daily bag limit;

  (3) Hunting with the aid of live decoys;

  (4) Violation of shooting hours;

  (5) Hunting during a closed season; or

  (6) Waterfowl outfitting and guiding.

D. If, upon the review specified in §C of this regulation, the Service determines that the applicant has two or more convictions that arise out of a separate set of circumstances, the applicant shall be denied issuance of a license for a period of 1 year. The period of denial shall begin on August 1 following the date the applicant is convicted for the second violation. Following the 1-year period of denial, the applicant shall serve a 3-year probationary period during which any additional conviction for violating the laws or regulations listed in §A of this regulation shall result in an additional 1 year period of denial, starting on August 1, following the date of conviction. The applicant shall remain on probation until there are no convictions for violating the laws or regulations listed in §A of this regulation for a period of 3 years.

E. A waterfowl outfitter license may not be issued if the applicant has been convicted at any time of fraud, deception, or material misrepresentation in procuring any previous master hunting guide, waterfowl outfitter, waterfowl hunting guide, or hunting license.

F. If an application for a waterfowl outfitter license is denied, the Service shall send the applicant a notice of the grounds upon which the denial is based. An individual who has received a notice that the Service has denied or refused an individual's application may file, within 21 days after the notice was mailed, a letter to the Director of the Service requesting a contested case hearing. Upon receipt of the letter, the Service shall schedule a contested case hearing before the Office of Administrative Hearings in accordance with the procedures of the Administrative Procedures Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

#### Regulation .04 Qualifications for Waterfowl Hunting Guide License.

*COMAR 08.03.14.04*

A. The Service may not issue waterfowl hunting guide license if the applicant does not meet the qualifications of this regulation.

B. A waterfowl hunting guide licensee shall meet the following qualifications:

  (1) Be 16 years old or older; and

  (2) Possess a valid Maryland hunting license.

C. The Service shall review each license application to determine if, within the prior 3 year period, the applicant has been convicted of violating state or federal migratory game bird laws or regulations pertaining to:

  (1) Hunting with the aid of bait;

  (2) Exceeding the daily bag limit;

  (3) Hunting with the aid of live decoys;

  (4) Violation of shooting hours;

  (5) Hunting during a closed season; or

  (6) Waterfowl outfitting and guiding.

D. If, upon the review specified in §C of this regulation, the Service determines that the applicant has two or more convictions that arise out of a separate set of circumstances, the applicant shall be denied issuance of a license for a period of 1 year. The period of denial begins on August 1 following the date the applicant is convicted for the second violation. Following the 1-year period of denial, the applicant shall serve a 3-year probationary period during which any additional conviction for violating the laws or regulations listed in §A of this regulation shall result in an additional 1-year period of denial, starting on August 1, following the date of conviction. The applicant shall remain on probation until there are no convictions for violating the laws or regulations listed in §A of this regulation for a period of 3 years.

E. A waterfowl hunting guide license may not be issued if the applicant has been convicted at any time of fraud, deception, or material misrepresentation in procuring any previous master hunting guide, waterfowl outfitter, waterfowl hunting guide, or hunting license.

F. If an application for a waterfowl hunting guide license is denied, the Service shall send the applicant a notice of the grounds upon which the denial is based. An individual who has received a notice that the Service has denied or refused an individual's application may file, within 21 days after the notice was mailed, a letter to the Director of the Service requesting a contested case hearing. Upon receipt of the letter, the Service shall schedule a contested case hearing before the Office of Administrative Hearings in accordance with the procedures of the Administrative Procedures Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

#### Regulation .05 Restrictions On Waterfowl Hunting Guides While Guiding.

*COMAR 08.03.14.05*

A. A waterfowl hunting guide may not provide personal guiding services in either the offshore waterfowl or sea duck hunting zones unless the licensee possesses a valid U.S. Coast Guard Captain's or master's license.

B. A waterfowl hunting guide shall possess a valid Maryland hunting license while guiding waterfowl hunters.

#### Regulation .06 Record-keeping Requirements.

*COMAR 08.03.14.06*

A. A licensed waterfowl outfitter or waterfowl hunting guide shall maintain accurate and complete records as provided in this regulation.

B. The waterfowl outfitter shall maintain a list that contains the following information for each waterfowl hunting guide the waterfowl outfitter employs:

  (1) Full name;

  (2) Waterfowl hunting guide license number;

  (3) Address of residence;

  (4) Birth date; and

  (5) Telephone number.

C. The waterfowl hunting guide shall maintain a field record updated within 24 hours following the completion of a hunting day that contains the following information for each hunter:

  (1) Full name;

  (2) Address of residence;

  (3) Valid hunting license or DNRid number;

  (4) Date;

  (5) Number and species of wild waterfowl that were killed by each hunter;

  (6) Name and waterfowl hunting guide license number of the accompanying waterfowl hunting guide.

D. The waterfowl outfitter or waterfowl hunting guide shall make the completed field records available for inspection by any law enforcement officer upon request during all reasonable hours.

E. The waterfowl hunting guide may use a field record form provided by the Service or incorporate the required information into forms provided by the waterfowl outfitter.

F. The waterfowl outfitter shall obtain each waterfowl hunting guide's field records within 7 days following the completion of the hunting day.

G. The waterfowl outfitter shall retain all waterfowl hunting guide field records for a period of three years.

### Chapter 15 — Wildlife Damage Control Permits

**Authority:** Natural Resources Article, §§1-104, 10-205, and 10-908; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date: August 25, 2008 (35:17 Md. R. 1485)

**Administrative History:** Regulation .03A amended effective April 20, 2020 (47:8 Md. R. 435)

**Administrative History:** Regulation .04A amended effective November 30, 2009 (36:24 Md. R. 1857)

**Administrative History:** Regulation .24B amended effective March 17, 2014 (41:5 Md. R. 341)

**Administrative History:** Regulation .28E amended effective April 5, 2010 (37:7 Md. R. 569)

**Administrative History:** Regulation .28F adopted effective April 5, 2010 (37:7 Md. R. 569)

#### Regulation .01 Scope and Purpose.

*COMAR 08.03.15.01*

A. Scope. This chapter establishes an administrative process, standards, and requirements for a person to:

  (1) Obtain a wildlife damage control permit;

  (2) Conduct wildlife damage control; and

  (3) Provide wildlife damage control services.

B. There are four classes of wildlife damage control permits:

  (1) Landowner;

  (2) Commercial operator—business;

  (3) Commercial operator—assistant; and

  (4) Public agency operator.

C. Purpose. The primary obligation of a wildlife damage control operator when performing wildlife damage control services is to:

  (1) Protect the health, safety, and welfare of the public; and

  (2) Conserve Maryland's diverse wildlife populations.

D. Except as provided in §F of this regulation, the regulations in this chapter are in addition to any requirements imposed by federal or State law or regulation.

E. The authority of a permit issued pursuant to this chapter does not allow the control of any species listed as endangered, threatened, or in need of conservation in COMAR 08.03.08.

F. The following provisions do not apply to a person operating under the authority of a wildlife damage control permit issued in accordance with this chapter:

  (1) Natural Resources Article, Title 10, Subtitles 3, 4, and 5, Annotated Code of Maryland; and

  (2) COMAR 08.03.03, 08.03.06, and 08.03.10.

#### Regulation .02 Definitions.

*COMAR 08.03.15.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Body gripping trap” means a mechanically powered rotating-jaw killing trap.

  (2) “Commercial wildlife damage control operator” means a person who charges a fee or receives compensation for providing wildlife damage control services.

  (3) “Control” means to capture, trap, kill, shoot, euthanize, or attempt to capture, trap, kill, shoot, or euthanize.

  (4) “Direct supervision” means a supervisor and employee working at the same job site at the same time.

  (5) “Governmental agency” means a unit of State, county, or municipal government, or a contractor of the unit established to provide wildlife damage control services.

  (6) “Jaw spread” means the maximum distance between the inside of both jaws of a trap, when measured across the trap jaws on a line perpendicular to a line drawn through the jaw pivot points when the trap is in a set position.

  (7) “Landowner” means a person:

    (a) Holding real property under title or lease; or

    (b) Authorized to act on behalf of a landowner for wildlife damage control.

  (8) “Public agency wildlife damage control operator” means a governmental agency that provides wildlife damage control services.

  (9) “Rabies vector species” means bats, foxes, raccoons, and skunks.

  (10) “Restricted use pesticide” means any pesticide so classified by Agriculture Article, Title 5, Annotated Code Maryland, the federal government, or the Maryland Secretary of Agriculture.

  (11) “USDA” means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.

  (12) “Wildlife” means any native species of mammal, bird, amphibian, or reptile, which spends a majority of its life cycle on land or any part, egg, offspring, or dead body of any of them.

  (13) “Wildlife damage control operator” means both commercial wildlife damage control operators and public agency wildlife damage control operators.

  (14) “Wildlife damage control services” means the art and science of providing advice or services to reduce, eliminate, or prevent damage caused by wildlife to humans or property.

#### Regulation .03 Landowner Wildlife Damage Control Permit.

*COMAR 08.03.15.03*

A. Except as provided in §B of this regulation, a landowner who wishes to control wildlife on the landowner’s property may do so only after obtaining a landowner wildlife damage control permit from USDA or a federal depredation permit for migratory birds from the U.S. Fish and Wildlife Service.

B. A landowner wildlife damage control permit is not required for a landowner or the landowner's agent to control:

  (1) Game mammals or birds during legal hunting seasons with legal devices;

  (2) Deer under the authority of a deer management permit as described in COMAR 08.03.04.02;

  (3) Canada geese under the authority of COMAR 08.03.07.10;

  (4) Blackbirds and crows under the authority of COMAR 08.03.05.05;

  (5) Any of the following unprotected species:

    (a) Nutria;

    (b) Woodchuck;

    (c) Feral pigeon;

    (d) European starling; or

    (e) House sparrow; or

  (6) Any of the following species or species groups when causing damage or destroying the personal or real property of the landowner:

    (a) Mouse;

    (b) Mole;

    (c) Rat; or

    (d) Vole.

C. To obtain a landowner wildlife damage control permit, a person shall apply by telephone to USDA in Annapolis, Maryland, at 410-349-8055 or 1-877-463-6497.

D. Permit Issuance.

  (1) USDA shall evaluate the problem and determine if a control permit is appropriate to help resolve the problem.

  (2) Based on its evaluation, USDA may issue a permit to the landowner to control the wildlife.

E. Terms and Conditions. The permit shall specify:

  (1) The species of wildlife to be controlled;

  (2) The acceptable procedures for controlling the wildlife;

  (3) The disposition of the wildlife; and

  (4) The effective dates of the permit.

F. Foothold traps are legal if specifically allowed on the permit.

G. Duration.

  (1) Landowner permits expire after 2 months.

  (2) If the wildlife problem continues after the permit has expired, USDA may extend the permit for an additional period of 2 months.

#### Regulation .04 Wildlife Damage Control Permits.

*COMAR 08.03.15.04*

A. Requirements; Exceptions.

  (1) Except as provided in §A(2) of this regulation, a person providing either commercial or public agency wildlife damage control services shall obtain a wildlife damage control permit from the Service.

  (2) A wildlife damage control permit is not required to:

    (a) Control deer under the authority of a deer cooperator permit as provided in COMAR 08.03.09.11;

    (b) Control mice, moles, rats, or voles, if the species is not listed in COMAR 08.03.08;

    (c) Transport sick, injured, or orphaned wildlife to a:

      (i) Licensed wildlife rehabilitator for rehabilitation; or

      (ii) Facility authorized to euthanize animals;

    (d) Remove dead animals from areas within Maryland if the person is under contract with a governmental agency to provide removal services;

    (e) Respond to rabid animal complaints or other public health emergencies as directed by the State or local public health department; or

    (f) Control European starlings, feral pigeons, and house sparrows if the person is certified by the Maryland Department of Agriculture, as defined in COMAR 15.05.01.08A(7)(c).

B. The wildlife damage control permit allows the permittee to provide wildlife damage control services subject to the provisions of this chapter for the species or species groups authorized on the permit.

C. There are two classes of commercial wildlife damage control operator permits:

  (1) Business; and

  (2) Assistant.

D. Employees or Assistants.

  (1) General. Except as provided in §D(2) and (3) of this regulation, an employee or assistant working under the direct supervision of a wildlife damage control operator does not have to be individually authorized to provide wildlife damage control services.

  (2) Commercial.

    (a) An employee or assistant of a commercial wildlife damage control operator working without the direct supervision of the commercial wildlife damage control operator shall pass the written examination described in Regulation .05 of this chapter and obtain the assistant commercial wildlife damage control operator permit.

    (b) In emergency situations as determined and preapproved by the Department, employees or assistants of a commercial wildlife damage control operator who are not permitted as assistant commercial wildlife damage control operators may work without the direct supervision of the commercial wildlife damage control operator.

  (3) Public Agency. An employee or assistant of a public agency wildlife damage control operator working without the direct supervision of the public agency wildlife damage control operator shall pass the written examination described in Regulation .05 of this chapter.

  (4) The permittee is responsible for the quality and content of all work performed by those working under the permit.

#### Regulation .05 Wildlife Damage Control Permits — Written Examination.

*COMAR 08.03.15.05*

A. An applicant for a wildlife damage control permit shall pass a written examination before obtaining the permit.

B. The minimum passing score for the written examination is 80 percent.

C. The written examination shall contain questions related to:

  (1) Wildlife damage control procedures;

  (2) Current statutes and regulations pertaining to Maryland wildlife;

  (3) Wildlife biology, such as reproductive cycles, feeding patterns, and den sites of the more common problem wildlife species in Maryland;

  (4) Human health and safety issues;

  (5) Wildlife control methods, both lethal and nonlethal;

  (6) Acceptable methods of killing; and

  (7) Other questions necessary to determine an individual's ability to conduct wildlife damage control services.

D. An individual who fails the examination may retake it not earlier than 45 days and not later than 90 days after taking the examination. The test may be retaken not more than 3 times in 1 calendar year.

E. The Service will schedule examination dates at least every 2 months.

F. The applicant shall pass the examination before the issuance of the initial permit. Additional testing is not required for subsequent permits.

#### Regulation .06 Wildlife Damage Control Permits — Application Form.

*COMAR 08.03.15.06*

A. An applicant shall obtain application forms from the Maryland Wildlife and Heritage Service, 580 Taylor Ave., E-1, Annapolis, Maryland 21401, or by calling 410-260-8540. The applicant shall mail or deliver the completed application to: Permits Coordinator, Maryland Wildlife and Heritage Service, 580 Taylor Ave., E-1, Annapolis, Maryland 21401. The Service will mail permit renewals to permit holders at least 2 months before the expiration of the permit.

B. To apply for or renew a wildlife damage control permit, a person shall submit to the Service a completed application form provided by the Service that includes:

  (1) Applicant's name;

  (2) Corporate name (if applicant is incorporated);

  (3) Governmental entity (if applicable), or letter of authorization from the governmental entity if the applicant is under contract to provide wildlife damage control services (if applicable);

  (4) Address;

  (5) Email address (if applicable);

  (6) Website (if applicable);

  (7) Phone number;

  (8) Date of birth; and

  (9) Social Security or federal tax identification number.

#### Regulation .07 Wildlife Damage Control Permits — Application Fee.

*COMAR 08.03.15.07*

A. The application fee for a commercial wildlife damage control operator permit is $50. The Service shall return half the application fee if it denies a permit application.

B. An application fee is not required for a public agency wildlife damage control operator permit if the applicant is a governmental agency or verified contractor and provides wildlife damage control services at no cost to the complainant.

#### Regulation .08 Wildlife Damage Control Permits — Species List.

*COMAR 08.03.15.08*

The applicant shall provide, from the following list, the species that the applicant seeks authority to control:

A. The following mammals:

  (1) Bats;

  (2) The following furbearing mammals:

    (a) Beaver;

    (b) Bobcat;

    (c) Coyote;

    (d) Fisher;

    (e) Fox;

    (f) Mink;

    (g) Muskrat;

    (h) Nutria;

    (i) Opossum;

    (j) River otter;

    (k) Raccoon;

    (l) Skunk; and

    (m) Weasel;

  (3) Rabbits; and

  (4) The following rodents:

    (a) Chipmunk;

    (b) Gray squirrel;

    (c) Eastern fox squirrel;

    (d) Red squirrel;

    (e) Southern flying squirrel; and

    (f) Woodchuck;

B. Reptiles and amphibians; and

C. The following birds:

  (1) Unprotected birds:

    (a) European starling;

    (b) Feral pigeon; and

    (c) House sparrow; and

  (2) Migratory birds.

#### Regulation .09 Wildlife Damage Control Permits — Area of Operation.

*COMAR 08.03.15.09*

The applicant shall provide a list of counties in which it will perform wildlife damage control services.

#### Regulation .10 Wildlife Damage Control Permits — Release of Information.

*COMAR 08.03.15.10*

The applicant may waive the provisions of COMAR 08.01.06.06G to allow application information to be made available to the public.

#### Regulation .11 Wildlife Damage Control Permits — Minimum Age.

*COMAR 08.03.15.11*

An individual who applies for a wildlife damage control permit shall be 18 years old or older.

#### Regulation .12 Wildlife Damage Control Permits — Permit Term.

*COMAR 08.03.15.12*

A wildlife damage control permit expires on December 31 of each year.

#### Regulation .13 Wildlife Damage Control Permits — Change of Address.

*COMAR 08.03.15.13*

A permittee shall immediately inform the Service at the address in Regulation .06 of this chapter of a change in business ownership, name, address, or phone number.

#### Regulation .14 Wildlife Damage Control Permits — Permit Transfer.

*COMAR 08.03.15.14*

The holder of a wildlife damage control permit may not transfer the permit to another person.

#### Regulation .15 Commercial Wildlife Damage Control Permits — Employees.

*COMAR 08.03.15.15*

The applicant shall include a list of employees who will conduct commercial wildlife damage control services as assistants under Regulation .16 of this chapter.

#### Regulation .16 Commercial Wildlife Damage Control Permits — Assistant Permit Application.

*COMAR 08.03.15.16*

A. To apply for or to renew an assistant commercial wildlife damage control operator permit, an individual shall submit to the Service a completed application form provided by the Service that includes:

  (1) Applicant's name;

  (2) Address;

  (3) Email address (if applicable);

  (4) Phone number;

  (5) Date of birth;

  (6) Social Security or federal tax identification number; and

  (7) The name of the business commercial wildlife damage control operator for which the individual will be working.

B. The application fee for an assistant commercial wildlife damage control operator permit is $25. The Service shall return half the application fee if it denies a permit application.

#### Regulation .17 Existing Wildlife Control Cooperator Permit Holders.

*COMAR 08.03.15.17*

A. A wildlife control cooperator permit issued to a person providing wildlife damage control services before the effective date of this regulation remains valid until the stated expiration date.

B. A person that has a wildlife control cooperator permit and provides wildlife damage control services as of the effective date of this chapter shall meet the test requirements by January 1, 2009, to be permitted as a wildlife damage control operator.

#### Regulation .18 Business Practices.

*COMAR 08.03.15.18*

A. A wildlife damage control operator may not engage in any form of false or misleading advertising or promotional activities, including, but not limited to, the falsification or misrepresentation of:

  (1) The work of a wildlife damage control operator or of an individual employed by the wildlife damage control operator;

  (2) The academic or professional qualifications or affiliations of the wildlife damage control operator; or

  (3) The experience or licensing status of the wildlife damage control operator.

B. In rendering professional services, a wildlife damage control operator may not counsel or assist anyone, including, but not limited to, a wildlife damage control operator's client, in conduct a wildlife damage control operator knows, or is reasonably expected to know, is illegal or improper.

C. A wildlife damage control operator may not use property adjacent to a client's property as a work area or to gain access to the client's property without the adjacent property owner's permission.

D. A wildlife damage control operator shall enter into a written agreement with the client that clearly conveys the:

  (1) Objective and scope of services, including potential disposition of the wildlife;

  (2) Anticipated dates of the wildlife damage control operator's work on the project;

  (3) Amount and method of remuneration for the services; and

  (4) Requirement that the client must notify, verbally or in writing, any person who is likely to be affected by or witness the activities of the wildlife damage control operator, if the wildlife damage control:

    (a) Takes place outside of a dwelling or structure; and

    (b) Involves the use of:

      (i) Body-gripping traps;

      (ii) Drowning sets;

      (iii) Foot-hold traps; or

      (iv) Snares.

E. A wildlife damage control operator may not exploit clients served professionally by:

  (1) Accepting a wildlife damage control project if a benefit cannot reasonably be expected to accrue to the client;

  (2) Continuing wildlife damage control services when a benefit no longer accrues to the client;

  (3) Charging for services not rendered; or

  (4) Misrepresenting services rendered.

#### Regulation .19 Operations and Procedures.

*COMAR 08.03.15.19*

A. A wildlife damage control operator shall have the permit in the permittee's possession while conducting wildlife damage control operations. The permittee shall provide the permit to a client or law enforcement officer upon request.

B. A wildlife damage control operator may conduct wildlife damage control at any time.

C. Allowable methods for trapping mammals include:

  (1) Body-gripping traps which are:

    (a) Larger than 8 inches by 8 inches or 8-inch diameter when the traps are submerged partially or totally in water; or

    (b) Equal to or less than 8 inches by 8 inches or 8 inches in diameter:

      (i) On, in, or under a building;

      (ii) In tidal wetlands, flooded nontidal wetlands, and in those portions of inland freshwater marshes, shrub swamps, wooded swamps, and bogs where water is covering the surface of the soil or the soil is waterlogged to the surface; or

      (iii) In all other locations when partially or totally submerged in water;

  (2) Box-type live capture traps;

  (3) Drowning sets;

  (4) Foot-hold traps as follows:

    (a) On land with a jaw spread no greater than 5-3/4 inches; or

    (b) Completely submerged underwater with a maximum jaw spread of 7-3/4 inches;

  (5) Snares; and

  (6) Other capture devices as approved by the Service.

D. A wildlife damage control operator may not use toothed or serrated jaw traps.

E. A wildlife damage control operator shall:

  (1) Check traps once every calendar day;

  (2) Protect all cage type live traps from weather elements; and

  (3) Remove dependent young when present in a structure during the course of wildlife removal.

F. A wildlife damage control operator may remove the nests of migratory birds that do not contain eggs or young.

#### Regulation .20 Operations and Procedure — Bats.

*COMAR 08.03.15.20*

A. A wildlife damage control operator shall remove bats only by nonlethal methods, except when a State or local public health department requires lethal removal.

B. A wildlife damage control operator may capture and release individual bats that enter a dwelling or office outside near the building.

C. Bat colonies containing more than 10 adults, whether or not young are present, require prior approval from the Service to be excluded from buildings from March 1 to August 31.

D. Bat colonies containing 10 or fewer adults do not require prior approval from the Service for exclusion at any time of the year.

E. Exclusion of a bat colony and sealing of active entrances into the building shall take place before hibernation.

F. A wildlife damage control operator may install and leave in place exclusion devices for hibernating bats until the colony emerges in the spring.

G. A wildlife damage control operator may seal bat entrances after the bat colony is excluded from the building.

#### Regulation .21 Operations and Procedure — Chimney Swifts.

*COMAR 08.03.15.21*

A federal permit is required to:

A. Clean, repair, or cap a chimney that contains active chimney swift nests that include either eggs or young; or

B. Conduct any activity that will result in the destruction of chimney swift adults, eggs, or young.

#### Regulation .22 Operations and Procedure — Reptiles and Amphibians.

*COMAR 08.03.15.22*

A wildlife damage control operator may not kill reptiles and amphibians.

#### Regulation .23 Operations and Procedure — Fisher and River Otter.

*COMAR 08.03.15.23*

A wildlife damage control operator shall tag all fisher and river otter captured from November 15 to March 15 with tags provided by the Service.

#### Regulation .24 Disposition of Trapped Wildlife.

*COMAR 08.03.15.24*

A. Any live wildlife taken into possession under the authority of this permit, except as provided in §§B—G of this regulation, shall be:

  (1) Released on site;

  (2) Transported and released on a wildlife management area or other areas with written permission from the landowner or managing authority, within the same or an adjacent county; or

  (3) Killed.

B. Coyote, bobcat, muskrat, mink, and otter shall be:

  (1) Released on site; or

  (2) Killed.

C. Raccoon, skunk, and fox shall be:

  (1) Released on site;

  (2) Killed; or

  (3) Transported to a person licensed to rehabilitate rabies vector species if they are orphaned, healthy, and dependent young.

D. Nutria and mute swans shall be killed.

E. Reptiles and amphibians shall be:

  (1) Released on site; or

  (2) Transported and released on a wildlife management area or on other areas with written permission from the landowner or managing authority, within 2 miles of the location of capture.

F. Sick or injured wildlife shall be:

  (1) Transported to a licensed wildlife rehabilitator authorized to handle that wildlife; or

  (2) Killed.

G. Any captured nontarget species shall be released on site.

H. Unless specifically authorized by the Service, a wildlife damage control operator may not possess in captivity for longer than 24 hours any wildlife captured under authority of this permit.

I. Transportation.

  (1) Captured wildlife shall be transported in covered, secure containers to minimize stress to the animal and potential hazards to the general public.

  (2) While transporting wildlife in a cage trap, the wildlife damage control operator shall:

    (a) Minimize stress to the animal and its exposure to the elements by covering the trap or vehicle with appropriate material; and

    (b) Ensure that the covering is of such material that the animal has an adequate supply of air to prevent overheating.

J. The permission of the landowner or client is required to release wildlife on site as allowed in §§A—C and E of this regulation.

#### Regulation .25 Disposition of Trapped Wildlife — Killing.

*COMAR 08.03.15.25*

A. Killing, as allowed in Regulation .25 of this chapter, shall be done:

  (1) On-site; or

  (2) After transport, by:

    (a) The permittee;

    (b) The local humane society;

    (c) The local animal control entity; or

    (d) A licensed veterinarian.

B. Allowed methods of killing birds include:

  (1) Barbiturates;

  (2) Carbon monoxide or dioxide:

    (a) From compressed cylinders;

    (b) In a metered chamber; and

    (c) With the wildlife damage control operator observing the wildlife and confirming death;

  (3) Cervical dislocation;

  (4) Decapitation;

  (5) Gunshot; and

  (6) Inhalant anesthetics.

C. Allowed methods of killing mammals include:

  (1) Barbiturates;

  (2) Blunt force trauma;

  (3) Carbon dioxide or monoxide:

    (a) From compressed cylinders;

    (b) In a metered chamber; and

    (c) With the wildlife damage control operator observing the wildlife and confirming death;

  (4) Cervical dislocation;

  (5) Gunshot;

  (6) Inhalant anesthetics; and

  (7) Penetrating captive bolt.

#### Regulation .26 Disposition of Trapped Wildlife — Sale, Trade, Barter, or Transfer.

*COMAR 08.03.15.26*

A. Except as provided in §B of this regulation, the sale, trade, barter, or transfer to another person of any live or dead wildlife acquired under the authority of this chapter is prohibited.

B. A wildlife damage control operator may sell, trade, barter, or transfer the pelt of any fur-bearing mammal acquired between November 1 and March 15.

#### Regulation .27 Record Keeping and Reporting.

*COMAR 08.03.15.27*

A. A wildlife damage control operator shall maintain records at the operator's normal place of business, including the following information for each wildlife complaint to which the operator responds:

  (1) The date of the complaint;

  (2) The name and address of the complainant;

  (3) The number and species of wildlife involved;

  (4) The type of damage caused by the wildlife; and

  (5) The method of disposition.

B. A copy of all records shall be kept for 3 years and be available for inspection by the Service.

C. An annual report shall be filed with the permit renewal application or by December 31 of each year covering the preceding October to September period. The report shall be on a form provided by the Service or in a format providing the same information, and include the following:

  (1) Permittee name;

  (2) Permit number;

  (3) Period covered;

  (4) Number of complaints; and

  (5) Number of wildlife handled and their disposition by:

    (a) Species or species group; and

    (b) County.

D. A permittee authorized to provide wildlife damage control services for bats shall submit a separate annual report on bat colony exclusion. The report shall include for each activity the:

  (1) Date;

  (2) Street address, including city and zip code;

  (3) Species;

  (4) Estimate of colony size; and

  (5) Work performed.

E. Failure to file the annual reports will prevent renewal of the permit.

F. The wildlife damage control operator shall mail the report to: Permits Coordinator, Wildlife and Heritage Service, 580 Taylor Ave., E-1, Annapolis, Maryland 21401.

#### Regulation .28 Penalties.

*COMAR 08.03.15.28*

A. The Service may revoke, restrict, or suspend a permit issued under this chapter for a violation of:

  (1) This chapter;

  (2) The terms of the permit;

  (3) A State or federal wildlife law or regulation; or

  (4) Animal cruelty laws.

B. Providing deceptive or false information on an application for a wildlife damage control permit constitutes a violation of this chapter.

C. A violation of any provision or restriction on the permit also constitutes a violation of this chapter.

D. Violation of this chapter is a misdemeanor punishable under Natural Resources Article, §§10-205 and 10-1101—10-1107, Annotated Code of Maryland.

E. If the Service denies an application for a wildlife damage control permit, the Service shall notify the applicant of the basis of the denial. An applicant who has received a notice that the Service has denied or refused an individual's application may file, within 21 days after the notice is mailed, a letter to the Director of the Service requesting a contested case hearing. Upon receipt of the letter, the Service shall schedule a contested case hearing before the Office of Administrative Hearings in accordance with the procedures of the Administrative Procedures Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

F. The Department shall provide the opportunity for a contested case hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04 when suspending or revoking a wildlife damage control permit.

### Chapter 16 — Hunting Privilege Suspension and Restitution

**Authority:** Natural Resources Article, §§10-1101.1, 10-1107, and 10-1108, Annotated Code of Maryland

**Administrative History:** Effective date: January 2, 2017 (43:26 Md. R. 1443)

#### Regulation .01 Definitions.

*COMAR 08.03.16.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Conviction” includes:

    (a) A guilty verdict;

    (b) Accepted plea of nolo contendere;

    (c) An admission of guilt to any charge made by the prepayment of the applicable fine instead of appearing for trial; or

    (d) Each charged violation merged into a conviction.

  (2) “Deer poaching” means the illegal killing of a white-tailed or sika deer:

    (a) After legal shooting hours;

    (b) During a closed season;

    (c) In violation of prescribed bag limits;

    (d) In violation of a Department-issued permit;

    (e) With an illegal weapon; or

    (f) While trespassing.

  (3) “Gross score” means the score derived by calculating the measurements of the antlers of white-tailed deer:

    (a) In accordance with the Boone and Crockett Club Official Scoring System for North American Big Game Trophies Non-Typical Whitetail and Coues' Deer, 2015, which is incorporated by reference in Regulation .02 of this chapter;

    (b) As taken by an official Boone and Crockett Club scorer; and

    (c) As measured at any time with no drying time being required.

  (4) “Privilege” means the ability to hunt without a hunting license under the exemptions provided in Natural Resources Article, §10-301(c), Annotated Code of Maryland.

  (5) “Suspension” means the act of the Department temporarily rescinding a hunting license or privilege and thereby temporarily prohibiting a person from engaging in a hunting activity or activities under any circumstances.

#### Regulation .02 Incorporation by Reference.

*COMAR 08.03.16.02*

A. In this chapter, the following document is incorporated by reference.

B. Document Incorporated. Boone and Crockett Club Official Scoring System for North American Big Game Trophies Non-Typical Whitetail and Coues' Deer, 2015.

#### Regulation .03 Suspension.

*COMAR 08.03.16.03*

A. Any person who is convicted of an offense under §§B—D of this regulation or similar offenses under federal law in Maryland may:

  (1) Have all hunting licenses, permits, or stamps issued by the Department suspended;

  (2) Be prohibited from engaging in any hunting activity for the period of time described in §§B—D of this regulation; and

  (3) Be prohibited from applying for any hunting license, permit, or stamp for the period of time described in §§B—D of this regulation.

B. A person who receives a conviction for one of the following violations may be suspended for 1 year.

C. A person who receives a conviction for one of the following violations may be suspended for 3 years.

D. A person who receives a conviction for one of the following violations may be suspended for 5 years.

#### Regulation .04 Restitution for Deer.

*COMAR 08.03.16.04*

A. In accordance with Natural Resources Article, §10-1101.1, Annotated Code of Maryland, a person convicted of deer poaching in Maryland shall pay restitution.

B. Amount of Restitution.

  (1) For each antlered white-tailed deer that obtains a gross score of more than 150 gross inches, a person convicted of deer poaching shall:

    (a) Pay restitution of not less than $5,000 but not exceeding $10,000; and

    (b) Perform 80 hours of community service.

  (2) For each sika deer or antlered white-tailed deer that obtains a gross score of 150 gross inches or less, a person convicted of deer poaching shall:

    (a) Pay restitution of not less than $2,000 but not exceeding $5,000; and

    (b) Perform 80 hours of community service.

  (3) A sika or antlered white-tailed deer with 8 antler points or less shall be deemed to have a gross score of less than 150 gross inches for the purposes of this regulation and does not require measurement.

  (4) For each antlerless white-tailed deer, a person convicted of deer poaching shall:

    (a) Pay restitution of not less than $300 but not exceeding $500; or

    (b) Perform 40 hours of community service.

#### Regulation .05 Restitution for Wildlife Species Other than Deer.

*COMAR 08.03.16.05*

A. If a person is convicted of violating any provision of Natural Resources Article, Title 10, Annotated Code of Maryland, and the violation causes or results in the injury, death, or destruction of any wildlife, a court may order the person convicted to pay restitution to the State for the resource value of the wildlife taking into account the values provided in this regulation.

B. The monetary values, per animal, for wildlife species within the following categories, as defined in Natural Resources Article, §§10-101 and 10-2A-01, Annotated Code of Maryland, and COMAR 08.03.08 are:

  (1) Endangered species — $2,000;

  (2) Black bear — $1,500;

  (3) Threatened species — $1,000;

  (4) Forest game birds and mammals, other than deer and black bear — $500;

  (5) Wild waterfowl — $500;

  (6) Fur-bearing mammals — $100;

  (7) Nongame birds and mammals — $100;

  (8) Upland game birds and mammals — $100; and

  (9) Wetland game birds — $100.

### Chapter 17 — Irreplaceable Natural Areas

**Authority:** Natural Resources Article, §3-503, Annotated Code of Maryland

**Administrative History:** Effective date: September 4, 2023 (50:17 Md. R. 769)

#### Regulation .01 Incorporation by Reference.

*COMAR 08.03.17.01*

The Irreplaceable Natural Areas Portfolio (Maryland Department of Natural Resources, Wildlife and Heritage Service, March 2023), establishing management objectives for irreplaceable natural areas, including: a map depicting boundaries for each area; a description of the unique features and threats for each area; and compatible and incompatible activities for each area, is incorporated by reference.

#### Regulation .02 Sites Designated as Irreplaceable Natural Areas.

*COMAR 08.03.17.02*

A. Allegany County.

  (1) Bells Hill Shale Glade.

  (2) Big Run — Green Ridge.

  (3) Black Sulphur Run.

  (4) Boyer Knob.

  (5) Carroll Road Barrens.

  (6) Dans Mountain.

  (7) Deep Run.

  (8) East Gilpin Shale Cliff.

  (9) East Pratt Hollow Slope.

  (10) Fifteenmile Creek and Tributaries.

  (11) Fifteenmile Creek North Complex.

  (12) Fifteenmile Creek South Complex.

  (13) Fort Hill.

  (14) Fossil Run.

  (15) Georges Creek Tributaries.

  (16) Green Ridge North.

  (17) Hanging Prairie Shale Glade.

  (18) High Germany Shale Barrens.

  (19) Indian Lick Woods.

  (20) Indigo Cedars.

  (21) Jacobs Road Woods.

  (22) Kasecamp Neck.

  (23) Line Run Shale Barren.

  (24) Little Pine Lick Hollow.

  (25) Lower Town Creek Shale Glade.

  (26) Maniford Shale Slopes.

  (27) Maple Run.

  (28) Martin Mountain South.

  (29) Mertens Avenue Woods.

  (30) Mountain Road South Woods.

  (31) Mountain Road Woods.

  (32) North Bells Hill Cliff.

  (33) North Branch Potomac — Dans Mountain Tributaries.

  (34) Oldtown Road Shale Glade.

  (35) Outdoor Club Barrens.

  (36) Paw Bends.

  (37) Peters Run Woods.

  (38) Possum Hollow.

  (39) Rocky Gap.

  (40) Rocky Gap Glade.

  (41) Rocky Gap Run.

  (42) Sideling Hill Creek.

  (43) Stafford Slope Woods.

  (44) Straus Barren and Floodplain.

  (45) Sugar Hollow Shale Glades.

  (46) Sulphur Run.

  (47) Terrapin Run South.

  (48) The Narrows.

  (49) Town Creek — Pumpkin Center.

  (50) Town Creek — Turkey Camp.

  (51) Town Creek and Tributaries.

  (52) Town Hill East Woods.

  (53) Town Hill South.

  (54) Town Hill West Woods.

  (55) Turkey Camp Shale Complex.

  (56) Warrior Mountain Hillside.

  (57) Warrior Mountain Sandstone Glade.

  (58) West Boyer Knob.

  (59) Whittaker Ridge South.

  (60) Williams Road Shale Glade.

  (61) Wills Mountain Outcrop.

  (62) Yonkers Bottom Shale Barren.

B. Anne Arundel County.

  (1) Benfield Bottomland.

  (2) Deep Run — Elkridge.

  (3) Gumbottom Wetland.

  (4) Little Patuxent Oxbow.

  (5) Patapsco River and Tributaries.

  (6) Patuxent River — Bowie.

  (7) Severn Run East.

  (8) Upper Patuxent Marshes.

C. Baltimore County.

  (1) Alberton Slopes.

  (2) Beetree Run.

  (3) Black Marsh.

  (4) Days Cove.

  (5) Forks-of-the-Patapsco.

  (6) Gunpowder Falls — Central.

  (7) Gunpowder Falls — Hereford.

  (8) Ilchester Powerline and Woods.

  (9) Little Falls.

  (10) Little Gunpowder Falls.

  (11) Patapsco River and Tributaries.

  (12) Prettyboy Cove Springs.

  (13) Soldiers Delight.

D. Calvert County.

  (1) Calvert Cliffs.

  (2) Middle Patuxent Marshes.

  (3) Parkers Creek.

  (4) Patuxent — Yellow Bank Marsh.

  (5) Patuxent Highlands.

E. Caroline County.

  (1) Bridgetown Ponds.

  (2) Hollingsworth Ponds.

  (3) Marshyhope Creek and Tributaries.

  (4) Marshyhope Creek North.

  (5) Tuckahoe Creek.

F. Carroll County.

  (1) Forks-of-the-Patapsco.

  (2) Morgan Run and Tributaries.

  (3) Morgan Run East.

  (4) South Branch Patapsco River.

G. Cecil County.

  (1) Big Elk Creek.

  (2) Big Elk Creek Springs.

  (3) Gramies Run.

  (4) Grove Neck.

  (5) Horseshoe Point Wetlands.

  (6) North Grove Point.

  (7) Plum Creek.

  (8) Susquehanna Islands.

H. Charles County.

  (1) Allen's Fresh.

  (2) Chapman's Forest.

  (3) Chicamuxen Creek.

  (4) Mallows Bay.

  (5) Mallows Bay Tributaries.

  (6) Marbury Creek.

  (7) Mattawoman Creek.

  (8) Nanjemoy Creek.

  (9) Persimmon Point Creek.

  (10) Piney Branch Bog.

  (11) Popes Creek.

  (12) Purse Uplands and Ravines.

  (13) Reeder Run.

  (14) Smallwood Creek.

  (15) Thorne Gut.

  (16) Wards Run.

  (17) Zekiah Swamp.

I. Dorchester County.

  (1) Barnes Landing Marsh.

  (2) Becker Island Marsh.

  (3) Bestpitch Marsh.

  (4) Brookview Ponds.

  (5) Cedar Creek Marsh.

  (6) Centennial Ponds.

  (7) Chicone Woods.

  (8) Doctors Creek Marsh.

  (9) Fishing Bay Wetlands.

  (10) Guinea Island.

  (11) Little Creek Marsh.

  (12) Maple Dam Marsh.

  (13) Marshyhope Sand Ridge Complex.

  (14) McCreadys Creek Marsh.

  (15) Steels Neck Woods.

  (16) Thorofare Creek Marsh.

  (17) Town Point Neck Woods.

  (18) Upper Nanticoke River.

J. Frederick County.

  (1) Bells Chapel Woods.

  (2) Big Hunting Creek.

  (3) Boundary Rocks.

  (4) Buzzard Branch.

  (5) Cat Rock.

  (6) Chick Road Springs.

  (7) Cunningham Falls Hollow.

  (8) High Run.

  (9) Little Hunting Creek.

  (10) Lower Monocacy River.

  (11) Potomac Islands.

  (12) Ridenour Swamp.

  (13) Weverton Cliffs.

K. Garrett County.

  (1) Amish Road Wetlands.

  (2) Ashton's Woods.

  (3) Backbone Mountain Northeast.

  (4) Bear Creek.

  (5) Bear Creek Springs.

  (6) Bear Pen Headwaters.

  (7) Big Laurel Run Swamp.

  (8) Big Run — Savage.

  (9) Big Savage — Mt. Zion.

  (10) Bucks Run.

  (11) Callahan Swamp.

  (12) Casselman River — Grantsville.

  (13) Casselman River and Tributaries.

  (14) Chisolm Run Swamp.

  (15) Coleman Hollow — South Savage.

  (16) Crabtree Cave.

  (17) Crabtree Creek Cliffs.

  (18) Crabtree Slopes.

  (19) Crooked — Laurel Runs.

  (20) Cucumber Hollow.

  (21) Cunningham Swamp.

  (22) Discovery Woods.

  (23) Eagle Rock Sandstone Glades.

  (24) East Piney Mountain.

  (25) Folly Run.

  (26) Foxtown Bog Complex.

  (27) Georges Creek Tributaries.

  (28) Herrington Lake Wetlands.

  (29) Herrington Run.

  (30) High Rock.

  (31) Huckleberry Rocks Wetlands and Glades.

  (32) Hutton Switch Bog.

  (33) Little Bear Creek.

  (34) Little Laurel Run.

  (35) Lostland Run.

  (36) Lower Deep Creek Complex.

  (37) Maple Lick Run.

  (38) Mechem Bog.

  (39) Mellott Springs.

  (40) Middle Fork Headwaters.

  (41) Mill Run Rocks.

  (42) Monroe Run.

  (43) Mount Nebo Wetlands.

  (44) Muddy Creek — Piney Run.

  (45) Mudlick Run.

  (46) Murley Run.

  (47) North Branch Potomac — Backbone Mountain Tributaries.

  (48) North Chisolm Run.

  (49) North Piney Mountain.

  (50) North Prong.

  (51) Pine Swamp East.

  (52) Piney Run Bog.

  (53) Poplar Lick Run.

  (54) Poplar Lick Swamp.

  (55) Pronghorn Swamp.

  (56) Puzzley Run.

  (57) Russell Road Meadow.

  (58) Russell Road Pool.

  (59) Savage Ravines.

  (60) Savage River — Warnick Run.

  (61) Savage River and Tributaries.

  (62) Southeast Savage Reservoir Woods.

  (63) Spring Lick Run.

  (64) Toliver Run.

  (65) Turkey Lodge Ridge Woods.

  (66) Upper Cucumber Hollow.

  (67) Upper White Rock Run.

  (68) Upperman Road Bog.

  (69) Walnut Bottom Vernal Pond.

  (70) Warnick Point Southwest.

  (71) Warnick Run Hilltop.

  (72) West Piney Run.

  (73) Wolf Swamp.

  (74) Youghiogheny River.

  (75) Youghiogheny River and Tributaries.

L. Harford County.

  (1) Days Cove.

  (2) Deer Creek and Tributaries.

  (3) Falling Branch Woods.

  (4) Herring Run.

  (5) Hopkins Branch.

  (6) Little Gunpowder Falls.

  (7) Lower Deer Creek.

  (8) Rocks Woods.

  (9) Susquehanna Islands.

  (10) Upper Deer Creek.

  (11) Upper Deer Creek Hemlock Forest.

M. Howard County.

  (1) Deep Run — Elkridge.

  (2) Forks-of-the-Patapsco.

  (3) Hawlings River.

  (4) Patapsco River and Tributaries.

  (5) Patuxent River.

  (6) South Branch Patapsco River.

  (7) Upper Patuxent Woods.

N. Kent County.

  (1) Big Stone Ponds.

  (2) Cypress Branch.

  (3) Cypress Branch Ponds.

  (4) Golts Ponds.

  (5) Massey Ponds Complex.

  (6) Millington Central Wetlands.

  (7) Sassafras Shores.

O. Montgomery County.

  (1) Hawlings River.

  (2) Patuxent River.

  (3) Potomac Islands.

  (4) Sycamore Landing Wetlands.

  (5) Upper Patuxent Woods.

P. Prince George’s County.

  (1) Belt Woods.

  (2) Mataponi Creek.

  (3) Middle Patuxent Marshes.

  (4) Patuxent Maple Swamp.

  (5) Patuxent River — Bowie.

  (6) Upper Patuxent Marshes.

  (7) Zekiah Swamp.

Q. Queen Anne’s County.

  (1) Andover Flatwoods.

  (2) Browns Branch.

  (3) Schoolhouse Woods.

  (4) Tall Oaks.

  (5) Tuckahoe Creek.

  (6) Wye Island Hemlocks.

R. Somerset County.

  (1) Cedar Island.

  (2) Chance Marsh.

  (3) Dames Quarter Marsh.

  (4) Dividing Creek and Tributaries.

  (5) Dublin Swamp.

  (6) Fairmount Marsh.

  (7) Hazard Island.

  (8) Hickory Point Cypress Swamp.

  (9) Janes Island.

  (10) Manokin River Tributaries.

  (11) Upper Fairmount Marsh.

S. St. Mary’s County.

  (1) Elms Seeps.

  (2) McIntosh Run.

  (3) Moll Dyers Run.

  (4) Point Lookout Creek.

  (5) St. Mary's Lake Woods.

  (6) St. Mary's River Bottomland.

T. Talbot County.

  (1) Seth Forest.

U. Washington County.

  (1) Beaver Creek.

  (2) Black Rock Creek.

  (3) Boyd Mountain Pond.

  (4) Ernstville Stream.

  (5) Fort Frederick Floodplain.

  (6) Greenbrier Ponds.

  (7) Hanging Rock Ridges.

  (8) Hickory Ridge Ponds.

  (9) Jugtown Cave.

  (10) Kuhns Ridge Shale Barrens.

  (11) Licking Creek.

  (12) Potomac River — Long Ridge.

  (13) Prathers Neck.

  (14) Rabble Run Wetlands.

  (15) Roundtop Hill.

  (16) Sideling Hill Creek.

  (17) Warner Gap Wetlands.

  (18) Weverton Cliffs.

V. Wicomico County.

  (1) Campbell Branch.

  (2) Campbell Complex.

  (3) Dividing Creek and Tributaries.

  (4) Nutters Neck.

  (5) Powell Road Wetlands.

  (6) Sharptown Dunes.

  (7) Stump Gut Complex.

  (8) Sturges Creek.

  (9) Taylors Trail Sand Ridges.

  (10) Wango Pines.

  (11) Widow Hawkins Meadow.

W. Worcester County.

  (1) Assateague Island.

  (2) Bachelors Branch.

  (3) Blades Ponds.

  (4) Chandler Woods.

  (5) Corbin Canyon.

  (6) Corkers Creek.

  (7) Cottingham Mill Run.

  (8) Disharoon Glades.

  (9) Dividing Creek and Tributaries.

  (10) Dividing Creek Ponds.

  (11) Forest Road Dunes.

  (12) Foster Woods.

  (13) Furnace Dunes.

  (14) Furnace Road Meadows.

  (15) George Island Landing Marsh.

  (16) Great Cypress Swamp.

  (17) Hickory Point Cypress Swamp.

  (18) Little Mill Run.

  (19) Mattaponi.

  (20) Nassawango Central.

  (21) Nassawango Creek and Tributaries.

  (22) Pikes Creek.

  (23) Porters Crossing.

  (24) Pusey Branch.

  (25) Reedy Island.

  (26) St. Lukes Wet Woods.

  (27) Scarboro Creek Marsh.

  (28) Scarboro Creek Woods.

  (29) Shad Landing Cypress Swamp.

  (30) Sinepuxent Sandflats.

  (31) Skimmer Island Sandflats.

  (32) South Point Island.

  (33) Sturges Creek.