# COMAR Title 08 — Department of Natural Resources ## Subtitle 03 — Wildlife ### 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.