This chapter does not apply to reptiles and amphibians that are held in accordance with: A Scientific Collection Permit described in Natural Resources Article, §10-909 and §4-212, Annotated Code of Maryland; An Endangered Species Permit described in Natural Resources Article, §10-2A-05, Annotated Code of Maryland; or Aquaculture activities regulated under COMAR 08.02.14. This chapter regulates the possession, breeding, sale, offer to sell, trade, or barter of certain native reptiles and amphibians. It is intended to protect and conserve native reptiles and amphibians while maintaining many of the educational and economic benefits derived from them. In this chapter, the following terms have the meanings indicated. Terms Defined. “Amphibian” means salamanders, frogs, and toads, or any part, egg, tadpole, offspring, or dead body of any of them. “Captively produced” means produced as a result of breeding in captivity. “Captivity” means intentionally holding a reptile or amphibian under any condition of restraint or control imposed by humans. “Competition” means a contest, race, derby, tournament, match, game, performance, show, meet, event, or test of skill in which contestants compete for a prize or honor or in which a winner is selected from among two or more entrants. “Educational facility” means State wildlife agencies, public game farms or parks, public museums, public zoological parks, accredited members of the American Association of Zoological Parks and Aquariums, and public scientific or educational institutions. “Native reptiles and amphibians” means those species of reptiles and amphibians that naturally occur or historically occurred within Maryland not as a result of any action by humans. “Permittee” means any person holding a permit issued under the authority of this chapter to perform certain activities. “Public” means open to the general public and established, maintained, and operated as a governmental service, or privately established and operated on a nonprofit basis for tax purposes. “Reptile” means turtles, lizards, and snakes, or any part, egg, offspring, or any dead body of any of them. “The wild” means any land or water in the State, either natural or altered, upon which any native reptile or amphibian can exist in a condition which is not constrained or controlled by humans. The following species or subspecies are considered native to Maryland and may be lawfully possessed, bred, or commercially traded only as provided in Regulations .04—.09 of this chapter: Salamanders: Red-spotted newt (Notophthalmus viridescens), Spotted salamander (Ambystoma maculatum), Marbled salamander (Ambystoma opacum), Northern dusky salamander (Desmognathus fuscus), Seal salamander (Desmognathus monticola), Mountain dusky salamander (Desmognathus ochrophaeus), Northern two-lined salamander (Eurycea bislineata), Long-tailed salamander (Eurycea longicauda), Northern spring salamander (Gyrinophilus porphyriticus), Four-toed salamander (Hemidactylium scutatum), Eastern red-backed salamander (Plethodon cinereus), Northern slimy salamander (Plethodon glutinosus), Valley and ridge salamander (Plethodon hoffmani), Northern red salamander (Pseudotriton ruber); Frogs and toads: Eastern spadefoot (Scaphiopus holbrooki), American toad (Bufo americanus), Fowler's toad (Bufo fowleri), Northern cricket frog (Acris crepitans), Cope's gray treefrog (Hyla chrysoscelis), Gray treefrog (Hyla versicolor), Green treefrog (Hyla cinerea), Northern spring peeper (Pseudacris crucifer), Southeastern chorus frog (Pseudacris feriarum), Pickerel frog (Rana palustris), Southern leopard frog (Rana spenocephala), Wood frog (Rana sylvatica); Green frog (Rana clamitans), American bullfrog (Rana catesbeiana); Lizards: Eastern fence lizard (Sceloporus undulates), Common five-lined skink (Eumeces fasciatus), Little brown skink (Scincella lateralis), Snakes: Eastern wormsnake (Carphophis amoenus), Northern black racer (Coluber constrictor), Ring-necked snake (Diadophis punctatus), Cornsnake (Elaphe guttata guttata), Black ratsnake (Elaphe obsoleta obsoleta), Mole kingsnake (Lampropeltis calligaster rhombomaculata), Eastern milksnake (Lampropeltis triangulum triangulum), Coastal plain milksnake (Lampropeltis triangulum elapsoides x triangulum), Eastern kingsnake (Lampropeltis getula getula), Red-bellied watersnake (Nerodia erythrogaster), Northern watersnake (Nerodia sipedon), Rough greensnake (Opheodrys aestivus), Smooth greensnake (Opheodrys vernalis), Dekay's brownsnake (Storeria dekayi), Red-bellied snake (Storeria occipitomaculata), Eastern gartersnake (Thamnophis sirtalis sirtalis). The following species or subspecies are considered native to Maryland and may be lawfully possessed only as provided in Regulations .04C and .05A of this chapter, or bred or commercially traded only as provided in Regulations .05—.09 of this chapter: Lizards: Broad-headed skink (Eumeces laticeps), Eastern six-lined racerunner (Cnemidophorus sexlineatus); Snakes: Eastern hog-nosed snake (Heterodon platirhinos), Queen snake (Regina septemvittata), Common ribbonsnake (Thamnophis sauritus sauritus); Turtles: Wood turtle (Glyptemys insculpta), Spotted turtle (Clemmys guttata), Eastern box turtle (Terrapene carolina carolina), Eastern painted turtle (Chrysemys picta picta), Midland painted turtle (Chrysemys picta marginata), Eastern mud turtle (Kinosternon subrubrum), Northern red-bellied cooter (Pseudemys rubriventris), Stinkpot (Sternothorus odoratus), Diamond-backed terrapin (Malaclemys terrapin). Except under the authority of the permits described in Regulation .01A of this chapter, the following species or subspecies are considered native to Maryland and may not be possessed, bred, or commercially traded: Salamanders: Eastern tiger salamander (Ambystoma tigrinum), Green salamander (Aneides aeneus), Jefferson salamander (Ambystoma jeffersonianum), Wehrle's salamander (Plethodon wehrlei), Eastern hellbender (Cryptobranchus alleganiensis), Mudpuppy (Necturus maculosus), Eastern mud salamander (Pseudotriton montanus), Frogs and Toads: Eastern narrow-mouthed toad (Gastrophryne carolinensis), Carpenter frog (Rana virgatipes), Mountain chorus frog (Pseudacris brachyphona), Barking treefrog (Hyla gratiosa); Turtles: Northern map turtle (Graptemys geographica), Leatherback seaturtle (Dermochelys coriacea), Loggerhead seaturtle (Caretta caretta), Green seaturtle (Chelonia mydas), Atlantic hawksbill seaturtle (Eretmochelys imbricata), Kemp's ridley seaturtle (Lepidochelys kempii), Bog turtle (Glyptemys muhlenbergii), Spiny softshell (Apalone spinifera); Lizards: Northern coal skink (Eumeces anthracinus); Snakes: Rainbow snake (Farancia erytrogramma), Smooth earthsnake (Virginia valeriae), Northern scarletsnake (Cemophora coccinea), Timber rattlesnake (Crotalus horridus), Copperhead (Agkistrodon contortrix). Unless otherwise stated, when both the scientific and common names are listed, the scientific name takes precedence over the common name. Except as provided in §§D—F of this regulation, a person without a reptile and amphibian permit may not possess more than four of each individual reptile or salamander, live or dead, listed in Regulation .03A of this chapter. The individual reptiles or salamanders may have been: Obtained from the wild; Captively produced; or Legally obtained outside of Maryland. Except as provided in §§D—F of this regulation, a person without a reptile and amphibian permit may not possess more than four adults and 25 eggs or tadpoles of each individual frog or toad, live or dead, listed in Regulation .03A of this chapter. The frog or toad may have been: Obtained from the wild; Captively produced; or Legally obtained outside of Maryland. Notwithstanding Natural Resources Article, §4-902, Annotated Code of Maryland, a person without a reptile and amphibian permit may possess only one of each individual reptile or amphibian, live or dead, listed in Regulation .03B of this chapter. A person may not take wood turtles, spotted turtles, or diamond-backed terrapins, including their eggs, from the wild. A certificate of origin, bill of sale, or other documentation proving captive origin of wood turtles, spotted turtles, or diamond-backed terrapins shall be retained. All turtles shall have a carapace length of at least 4 inches. An educational facility without a reptile and amphibian permit may possess an unlimited number of individual frogs and toads listed in Regulation .03A of this chapter if they are obtained: From a permittee; or Legally from outside of Maryland. A person without a reptile and amphibian permit may possess an unlimited number of albino, or other color mutations, resulting from captive breeding, of any species or subspecies listed in Regulation .03A of this chapter. The burden of proving that the mutant is a legitimate color mutant lies with the owner. However, commercial trade in these individuals is regulated as described in Regulations .05—.07 of this chapter. American Bullfrogs. A person without a reptile and amphibian permit may: Take from the wild not more than ten American bullfrogs, or parts of them, per day, for personal use as food or possess more than 20 American bullfrogs, or parts of them; and Possess or sell, for use as food, an unlimited number of American bullfrogs, or parts of them, if the animals were legally obtained from outside of Maryland. American bullfrogs under §F(1)(a) of this regulation may not be sold or commercially traded. Possession of a hybrid applies to the possession limit for each species or subspecies in its lineage. Except as provided in Regulation .04D—F of this chapter, a person shall obtain a reptile and amphibian permit from the Department in order to: Possess more than four individuals, live or dead, of each reptile or salamander listed in Regulation .03A of this chapter, of which only four of each reptile or salamander may have been taken from the wild; Possess more than four adults and 25 eggs or tadpoles, live or dead, of each frog or toad listed in Regulation .03A of this chapter, of which only four adults and 25 eggs or tadpoles of each frog or toad may have been taken from the wild; Possess more than one individual, live or dead, of any species or subspecies listed in Regulation .03B of this chapter, of which: No wood turtles, spotted turtles, or diamond-backed terrapins, or their eggs, may have been taken from the wild; and Only one eastern box turtle, eastern painted turtle, midland painted turtle, eastern mud turtle, northern red-bellied cooter, stinkpot, broad-headed skink, eastern six-lined racerunner, eastern hog-nosed snake, queen snake, or common ribbonsnake may have been taken from the wild; or Breed, attempt to breed, sell, offer for sale, trade, or barter any reptile or amphibian as allowed by Regulations .06 and .07 of this chapter. A permittee may possess an unlimited number of any reptiles or amphibians listed in Regulation .03A and B of this chapter that are: Captively produced and documented as described in Regulation .11B of this chapter; Legally obtained from outside of Maryland and documented as described in Regulation .11B of this chapter; or Obtained from a licensed reptile and amphibian rescue service, veterinarian, or wildlife rehabilitator if documentation accompanies the reptiles or amphibians. Issuance of Permit. The Director may issue a reptile and amphibian permit to possess, breed, sell, offer for sale, trade, or barter reptiles or amphibians only after the Director is satisfied that the issuance of a permit will not be detrimental to the protection and conservation of native reptiles or amphibians. The Department may issue a reptile and amphibian permit for activities authorized in this chapter to a person who has submitted a completed application on a form provided by the Department, and a fee of $10. The permit is valid from the date of issuance until the following December 31. A permittee may collect from the wild for breeding purposes not more than the number of individual reptiles or amphibians allowed in Regulation .05A of this chapter. A permittee may breed turtles. A permittee may sell, offer for sale, trade, or barter individuals of each species or subspecies of reptiles or amphibians listed in Regulation .03A and B of this chapter if they are: Captively produced and documented as described in Regulation .11B of this chapter; or Legally obtained from outside of Maryland and documented as described in Regulation .11B of this chapter. Reptiles or amphibians listed in Regulation .03A and B of this chapter may be obtained: From another permittee and documented as described in Regulation .11B of this chapter; or Legally from outside of Maryland and documented as described in Regulation .11B of this chapter. A permittee may not sell, offer for sale, trade, or barter turtles with a carapace length less than 4 inches to any person in Maryland. A permittee may not display live turtles, sell, offer for sale, trade, or barter turtles with a carapace length less than 4 inches at a facility open to the general public. A permittee may sell, offer for sale, trade, or barter turtles with a carapace length less than 4 inches outside of Maryland if it is legal to do so in the state where the commercial trade occurs. Reptiles or amphibians regulated under this chapter may not be taken from the wild in Maryland and sold, offered for sale, traded, or bartered. Reptiles and amphibians held in captivity under the authority of this chapter shall be housed under conditions which are humane, safe, and healthy. Housing conditions shall meet all of the following requirements: Enclosures shall be designed to: Provide appropriate lighting, temperatures, humidity, and clean water to meet the physical requirements of the reptile or amphibian, Keep the reptile or amphibian in complete and continuous captivity, Restrict the entry of unauthorized persons or predatory animals, Provide sufficient fresh food and clean water to fulfill the reptile or amphibian's dietary requirements and present the food and water in a manner compatible with the reptile or amphibian's particular eating habits, and Minimize any potential danger to humans; Enclosures shall be maintained in a sanitary condition and good repair; Equipment shall be available for proper storage and disposal of waste material to control vermin, insects, and obnoxious odors; Effective measures shall be provided to prevent and control infection and infestation of disease, parasites, or vermin; Adequate shelter shall be provided for the comfort of the animal and, when necessary, for the isolation of diseased reptiles or amphibians; and Reptiles or amphibians that are housed together shall be maintained in compatible groups without overcrowding. Standards for Shipping and Transportation of Live Reptiles and Amphibians. Container Design and Maintenance. Containers used for the transport of live animals shall be designed, constructed, and fitted as appropriate to the species, size, and weight of the animals to be transported. Special attention shall be paid to the avoidance of injury to animals through the use of secure smooth fittings or walls free from sharp protrusions. Containers shall be designed with the structures necessary to provide protection from adverse weather conditions and to minimize the opportunity for animals to escape. In order to minimize the likelihood of the spread of infectious disease during transport, containers shall be designed to permit thorough cleaning and disinfection. The cleaning and disinfection shall be completed after animals have been removed from the container. Containers shall be maintained in good mechanical and structural condition. Containers shall have adequate ventilation to meet variations in climate and the thermo-regulatory needs of the species to be transported. For salamanders, frogs, toads, and juvenile turtles, sufficient moisture shall be available and applied to prevent desiccation of the animal. Turtles may not be transported in water. Provisions for Transport. Containers shall be adequately designed and positioned during transport so that the containers are securely fastened within the vehicle. Vehicles shall have adequate ventilation to meet variations in climate and the thermo-regulatory needs of the species being transported. For salamanders, frogs, toads, and juvenile turtles, sufficient moisture shall be available and applied to prevent desiccation of the animal. Space allowance considerations shall: Limit the number of animals that may be transported in a container to only one animal per compartment; Ensure that each animal is able to assume its natural position during transport, including during loading and unloading, without coming into contact with the roof or upper deck of the container; and Provide sufficient headroom to allow for adequate airflow over the animals. Animals may not be stacked upon one another in a container. A person may not take any reptile or amphibian regulated by this chapter by: Lethal methods; The use of a hook and line, trot line, bow and arrow, spear, gig or gig iron, or any other device capable of piercing any part of the reptile or amphibian; Use of traps, pit falls, snares, seines, or nets other than dip nets; or Use of chemicals, including gasoline. A person may not destroy or alter dens, burrows, basking sites, nests, hibernating sites, or other places of refuge of reptiles or amphibians. Except as provided in §B(2) of this regulation, a reptile or amphibian that has been captively produced or that is not native to Maryland may not be released into the wild. A person may release an individual of any species or subspecies of reptiles or amphibians taken from the wild back to the wild if: It was not held in captivity with any other reptile or amphibian and it was not held in captivity for more than 30 days; or The person has obtained prior written authorization from the Department. Release of an individual reptile or amphibian under §B of this regulation shall occur at or near the point of capture. A permittee shall maintain accurate, current, and complete records on forms provided by the Department. A copy of these records shall be submitted to the Department: At the time of application for permit renewal; or By January 31, following expiration of the permit, if the permit is not renewed. To prove that any reptile or amphibian held under a reptile and amphibian permit did not come from the wild in Maryland, a permittee shall retain as part of the permittee's records for each individual reptile or amphibian: One of the following: A certificate of origin issued at the time an individual of any species or subspecies of reptiles or amphibians listed in Regulation .03A and B of this chapter is obtained; or A bill of sale or other documentation to prove that the individuals of any species or subspecies of reptiles or amphibians listed in Regulation .03A and B of this chapter were legally obtained; and Breeding records for young produced in captivity by a permittee, including number of young produced by each female of each species. A certificate of origin, bill of sale, or other documentation shall include: Common name; Scientific name; Number of individuals by species; Date of transaction; Name and address of seller, including Maryland permit number when applicable. The records referred to in §B of this regulation shall be maintained for each individual reptile or amphibian possessed by the permittee for as long as the reptile or amphibian is possessed by the permittee, or for 3 years following the disposition of each individual reptile or amphibian, whichever is longer. A certificate of origin, a bill of sale, or other documentation shall be retained for the individuals of any species or subspecies of reptiles or amphibians that are similar in appearance to those species or subspecies regulated under this chapter. A permittee shall allow the Department to: Enter and inspect at any reasonable hour the premises where operations under this chapter occur; and Inspect the records described in Regulation .11 of this chapter. The Director may revoke a reptile and amphibian permit for a violation of: Natural Resources Article, Title 10, Annotated Code of Maryland; This chapter; or The terms of the permit. At the sole discretion of the Director, a reptile and amphibian permit revocation may result in confiscation of an individual of any species or subspecies of reptiles or amphibians listed in Regulation .03A—C of this chapter which only may be possessed, bred, or sold with a permit issued under the authority of this chapter. The disposition of confiscated individuals of any species or subspecies of reptiles or amphibians is at the discretion of the Director. Violation of these regulations is a misdemeanor punishable under Natural Resources Article, §§10-205 and 10-1101—10-1107, Annotated Code of Maryland. A person shall have until March 31, 2008, to declare in writing to the Director possession of each individual: Eastern painted turtle, midland painted turtle, eastern mud turtle, northern red-bellied cooter, and stinkpot possessed prior to the effective date of this regulation, if the person possesses more than one individual, live or dead; Diamond-backed terrapin possessed prior to the effective date of these regulations, if the person possesses any individuals taken from the wild; Copperhead possessed prior to May 31, 2006; Broad-headed skink, eastern six-lined racerunner, eastern hog-nosed snake, queen snake, or common ribbonsnake possessed prior to the effective date of this regulation, if the person possesses more than one individual, live or dead; or Eastern mud salamander possessed prior to the effective date of this regulation, live or dead. For each individual reptile or amphibian possessed, the declaration shall include: Species name; Number of individuals of each species; Date acquired; Sex, if known; Estimated age; Length; Origin; and Other identifying characteristics or specific markings such as tattoos, registration numbers, PIT tag numbers, coloration, missing limbs, or notched shells. The Department shall acknowledge each declaration in writing. This acknowledgement shall serve as a permit for possession only and is not transferable. The holder of a grandfather permit shall be subject to inspection as described in Regulation .12A of this chapter. No species listed in Regulation .03 of this chapter, regardless of origin, may be used in a competition. Natural Resources Article, §§4-602, 4-902, 4-903, 10-205, 10-2A-03, and 10-901—10-903, Annotated Code of Maryland Effective date: Regulations .01—.13 adopted as an emergency provision effective April 1, 1993 (20:8 Md. R. 712); emergency status extended at 20:16 Md. R. 1274; emergency status expired November 30, 1993 Regulations .01—.14 adopted effective December 1, 1993 (20:23 Md. R. 1803) Regulation .01 amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .02B amended effective March 24, 2008 (35:6 Md. R. 697); June 20, 2016 (43:12 Md. R. 666) Regulation .03 amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .04 amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .04C amended effective June 28, 2010 (37:13 Md. R. 851) Regulation .05 amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .05A amended effective June 28, 2010 (37:13 Md. R. 851) Regulation .05C amended effective September 26, 2016 (43:19 Md. R. 1071) Regulation .06 amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .07 amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .08C adopted effective March 24, 2008 (35:6 Md. R. 697) Regulation .09A amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .09B amended effective June 28, 2010 (37:13 Md. R. 851) Regulation .10A, B amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .11B amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .13 amended effective March 24, 2008 (35:6 Md. R. 697) Regulation .15 adopted effective March 24, 2008 (35:6 Md. R. 697) Regulation .16 adopted effective June 20, 2016 (43:12 Md. R. 666)