# COMAR Title 08 — Department of Natural Resources

## Subtitle 03 — Wildlife

### 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**Administrative History:** Regulation .03 repealed effective September 4, 2000 (27:17 Md.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**Administrative History:** Regulation .06 repealed and new Regulation .06 adopted effective August 19, 2002 (29:16 Md.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.