Plain Text Law

Chapter 06. Furbearer Wildlife

Regulation .01 Otter and Fisher Pelt Tags and Carcass Submission.Copy Citation

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Regulation .02 Repealed.Copy Citation

Regulation .03 Trapping.Copy Citation

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.Copy Citation

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.Copy Citation

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.Copy Citation

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.Copy Citation

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 annotations
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
History: Effective date:
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)
History: For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01
History: Regulation .01 amended effective August 6, 2012 (39:15 Md. R. 963)
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)
History: Regulation .02 repealed effective July 17, 2006 (33:14 Md. R. 1162)
History: Regulation .03 amended effective November 23, 1992 (19:23 Md. R. 2039); August 30, 2004 (31:17 Md. R. 1311)
History: Regulation .03A amended effective September 4, 2023 (50:17 Md. R. 769)
History: Regulation .03C, D amended effective July 17, 2006 (33:14 Md. R. 1162)
History: Regulation .03E amended effective August 4, 2014 (41:15 Md. R. 889)
History: Regulation .03G amended effective June 3, 1996 (23:11 Md. R. 809)
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)
History: Regulation .05 adopted effective August 15, 1994 (21:16 Md. R. 1381)
History: Regulation .05 repealed and new Regulation .05 adopted effective June 3, 1996 (23:11 Md. R. 809)
History: Regulation .05 amended effective August 30, 2004 (31:17 Md. R. 1311)
History: Regulation .05A amended effective August 23, 2010 (37:17 Md. R. 1184); November 24, 2016 (43:23 Md. R. 1279)
History: Regulation .06 adopted effective July 17, 2006 (33:14 Md. R. 1163)
History: Regulation .07 adopted effective July 17, 2006 (33:14 Md. R. 1163)