# COMAR Title 08 — Department of Natural Resources

## Subtitle 03 — Wildlife

### 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**Administrative History:** Regulation .03 repealed effective August 24, 2020 (47:17 Md.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#### Regulation .03 Transportation of Pheasants — Repealed.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.