reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-602 - Hunting Prohibitions

(a)    Notwithstanding any other provision of this subtitle, “nighttime” means the time the Secretary of Interior of the United States adopts by rule or regulation.
(b)    A person may not hunt wild waterfowl in the State at nighttime in any manner whether from the shore or otherwise. A person may not possess at nighttime any gun or light used for hunting wild waterfowl in or near the vicinity of feeding and resting grounds. Any gun or light found in possession shall be prima facie evidence of intention of a violation of this section, and the light shall be confiscated and turned over to the Secretary.
(c)    (1)    A person may not shoot a wild waterfowl resting on land or water.
(2)    A person who wounds and cripples a wild waterfowl may shoot the waterfowl.
(d)    A person may not hunt wild waterfowl from a position located more than 10 feet in the air.
(e)    (1)    The only firearm that a person may use to hunt wild waterfowl is a shotgun fired from the shoulder.
(2)    A shotgun used to hunt wild waterfowl may not be larger than a 10 gauge or loaded with shot not approved by the United States Fish and Wildlife Service.
(3)    While hunting or attempting to hunt wild waterfowl, a person may not possess shotgun shells that are loaded with shot not approved by the United States Fish and Wildlife Service.
(f)    (1)    Subject to federal rule or regulation, the prohibition of this subsection does not apply to an automatic loading or hand-operated repeating shotgun with a magazine that is cut off or that is plugged with a one-piece filler incapable of removal through the loading end that reduces the capacity of the gun to hold no more than three shells at any one time in the magazine and chamber combined.
(2)    A person may not hunt a wild waterfowl with an automatic loading or hand-operated repeating shotgun capable of holding more than three shells.
(3)    A person may not possess a rifle or pistol while hunting wild waterfowl.
(g)    (1)    A person may hunt wild waterfowl with any bow and arrow.
(2)    A person may not hunt wild waterfowl with a crossbow.
(h)    (1)    A person may hunt wild waterfowl with the aid of a dog or with an artificial decoy.
(2)    A person may not hunt wild waterfowl using a live decoy.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-603 - Hunting From Powered Boats

(a)    Except while lawfully hunting under the requirements of this subtitle, a person in a boat may not purposely or unnecessarily disturb wild waterfowl.
(b)    A person may not hunt wild waterfowl while using a floating device towed by a power boat or a sailboat.
(c)    A person may not hunt wild waterfowl from a boat, sinkbox, or device that allows the hunter to be completely concealed beneath the water.
(d)    (1)    A person may not hunt wild waterfowl from a boat that is propelled by a motor or under sail.
(2)    A person may shoot and immediately retrieve lawfully wounded or killed wild waterfowl while in a boat if all forward progress of the boat has ceased and the motor has been shut off.
(3)    Crippled birds may be shot from a boat under power in the area open for the special sea duck season.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-604 - Hunting While Standing in Water on the Natural Bottom

(a)    A person may hunt wild waterfowl while standing in water on the natural bottom only in the waters of the Susquehanna Flats, the nontidal waters of the Potomac River, the waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties, and in other waters of the State in areas and on days the Department prescribes by regulation.
(b)    A person may hunt wild waterfowl while standing in water on the natural bottom at a licensed offshore stationary blind or blind site.
(c)    A person hunting wild waterfowl while standing in water on the natural bottom shall remain at least 250 yards from all offshore stationary blinds or blind sites or another person hunting wild waterfowl offshore.
(d)    (1)    A person hunting wild waterfowl while standing in water on the natural bottom shall be at least 800 yards from shore including shore emerging at mean low water except in the waters of the Potomac River, in the waters of the Susquehanna Flats, in the waters of Harford, Baltimore, and St. Mary’s counties, in the waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties, or while hunting at a licensed stationary blind or blind site.
(2)    A person hunting wild waterfowl while standing in water on the natural bottom shall be at least 400 yards from shore, including shore emerging at mean low water, in the following areas:
(i)    The waters of the Susquehanna Flats;
(ii)    The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a) of this section;
(iii)    The waters of Harford, Baltimore, and St. Mary’s counties that the Department by regulation prescribes for hunting under subsection (a) of this section; and
(iv)    The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties that the Department by regulation prescribes for hunting under subsection (a) of this section.
(e)    A person may not hunt wild waterfowl while standing in State waters on the natural bottom when the natural bottom is privately owned, unless the hunter has the written permission of the landowner.
(f)    Except at a licensed stationary blind or blind site, a nonresident may not hunt wild waterfowl while standing in water on the natural bottom unless accompanied by a Maryland resident.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-605 - Hunting From Boat That Is Drifting or Being Sculled

(a)    A person may hunt wild waterfowl from a boat that is drifting or being sculled, only in:
(1)    The nontidal waters of the Potomac River, Conococheague Creek, and the Monocacy River;
(2)    The Susquehanna Flats, Elk River, and that portion of the Sassafras River in Cecil County located west of 75 degrees 58 minutes 45 seconds;
(3)    Chincoteague Bay, Sinepuxent Bay, Isle of Wight, Assawoman Bay, and their respective tributaries in Worcester County;
(4)    The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties; or
(5)    Zones prescribed by the Department by regulation.
(b)    While hunting wild waterfowl from a boat that is drifting or being sculled, a person shall remain at least 250 yards from all offshore stationary blinds or blind sites or another person hunting wild waterfowl offshore.
(c)    (1)    A person hunting wild waterfowl from a boat that is drifting or being sculled shall be at least 800 yards from shore including shore emerging at mean low water except in the waters of the Potomac River, in the waters of the Susquehanna Flats, in the waters of Harford, Baltimore, and St. Mary’s counties, in the waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties, in Conococheague Creek, and in the Monocacy River.
(2)    A person hunting wild waterfowl from a boat that is drifting or being sculled shall be at least 400 yards from shore, including shore emerging at mean low water, in the following areas:
(i)    The waters of the Susquehanna Flats;
(ii)    The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a)(5) of this section;
(iii)    The waters of Harford, Baltimore, and St. Mary’s counties that the Department by regulation prescribes for hunting under subsection (a)(5) of this section; and
(iv)    The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties that the Department by regulation prescribes for hunting under subsection (a)(5) of this section.
(d)    A nonresident may not hunt wild waterfowl from a boat that is drifting or being sculled unless accompanied by a Maryland resident.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-606 - Hunting From an Anchored Boat

(a)    A person may hunt wild waterfowl from a boat that is anchored only in:
(1)    The nontidal waters of the Potomac River;
(2)    The waters of the Susquehanna Flats, Elk River, and that portion of the Sassafras River in Cecil County located west of 75 degrees 58 minutes 45 seconds;
(3)    The waters of Chincoteague Bay, Sinepuxent Bay, Isle of Wight, Assawoman Bay, and their respective tributaries in Worcester County;
(4)    The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties; or
(5)    Zones prescribed by the Department by regulation.
(b)    A person may hunt wild waterfowl from a boat that is anchored at a licensed offshore stationary blind or blind site.
(c)    A person hunting wild waterfowl from a boat that is anchored shall remain 250 yards from all offshore stationary blinds or blind sites or another person hunting wild waterfowl offshore.
(d)    (1)    A person hunting wild waterfowl from a boat that is anchored shall be at least 800 yards from shore including shore emerging at mean low water except in the waters of the Potomac River, in the waters of the Susquehanna Flats, in the waters of Harford, Baltimore, and St. Mary’s counties, in the waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties, or unless anchored at a licensed offshore stationary blind or blind site.
(2)    A person hunting wild waterfowl from a boat that is anchored shall be at least 400 yards from shore, including shore emerging at mean low water, in the following areas:
(i)    The waters of the Susquehanna Flats;
(ii)    The tidal waters of the Potomac River that the Department by regulation prescribes for hunting under subsection (a)(5) of this section;
(iii)    The waters of Harford, Baltimore, and St. Mary’s counties that the Department by regulation prescribes for hunting under subsection (a)(5) of this section; and
(iv)    The waters of Tangier Sound, Fishing Bay, Monie Bay, Manokin River, Big Annemessex River, Pocomoke Sound, and Kedges Straits in the waters of Dorchester, Somerset, and Wicomico counties that the Department by regulation prescribes for hunting under subsection (a)(5) of this section.
(e)    Except at a licensed stationary blind or blind site, a nonresident may not hunt wild waterfowl from a boat that is anchored unless accompanied by a Maryland resident.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-608 - Offshore Blind Sites -- Applications

(a)    A Maryland resident who possesses a current year or prior year hunting license may apply to the Department to license riparian shoreline for the purpose of establishing an offshore blind site.
(b)    An applicant for a license shall:
(1)    Submit to the Department:
(i)    An application on a form provided by the Department; and
(ii)    A signed statement that:
1.    The location of the blind site is at least 125 yards from all other previously licensed riparian shoreline; and
2.    The offshore blind site complies with all other pertinent laws and regulations; and
(2)    Pay to the Department an application fee of $20 for each license requested.
(c)    (1)    The completed application shall be submitted to Department regional service centers or other designated local sites on days designated by the Department.
(2)    The Department shall establish and adequately staff a site in each county where licensing occurs.
(3)    The Department shall provide public notice of the licensing process through the media, Internet, and other sources.
(4)    Licensing shall begin on or before the first Tuesday in August of each year on dates set by the Department.
(d)    Each designated site or regional service center shall have maps available by July 15 of each year that show the location of all shoreline licensed by riparian landowners.
(e)    Except for riparian landowners licensing their own property, a person may not obtain more than two licenses per day.
(f)    Each license shall apply to 250 yards of shoreline. Blind sites shall be located equidistant from the boundaries described by the license.
(g)    In Kent County and Queen Anne’s County and on the nontidal waters of the Potomac River and its nontidal tributaries, only a riparian landowner owning the amount of shoreline required under § 10-607(d) of this subtitle or a landowner’s lessee, licensee, or assignee may erect and maintain a stationary blind or blind site.
(h)    Licenses are valid until June 30 of the following year and shall be issued in the order the applications are received in person.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-609 - Requirements; Offshore Stationary Blinds

(a)    Offshore stationary blinds and offshore blind sites shall be at least 250 yards apart from each other.
(b)    Offshore stationary blinds and offshore blind sites shall be located within 300 yards of the shoreline or one-third the distance to the opposite shore, whichever is less, except that in the Chesapeake Bay in Anne Arundel and Calvert counties, and in Prospect Bay in Queen Anne’s County, all offshore stationary blinds and blind sites may be no more than 800 yards from the shoreline.
(c)    Offshore stationary blinds and blind sites may not be less than 150 yards from any dwelling house without the written permission of the owner of the house.
(d)    (1)    Except as provided in paragraph (2) of this subsection, offshore stationary blinds shall be marked with the licensee’s name and license number and marked on each side with at least 100 square inches of clearly visible reflective material attached to the outside of the stationary blind at least 3 feet above the high water mark.
(2)    Reflective material is not required to be displayed or attached to the outside of a stationary blind while the stationary blind is occupied and is being used for hunting.
(e)    Offshore blind sites shall be marked by a stake showing the licensee’s name and license number. Each stake shall be marked on all sides with reflective material at least 4 inches wide and located at least 3 feet above the high water mark. All stakes shall be removed within 30 days after the last wild waterfowl season closes.
(f)    (1)    Except as provided in paragraph (2) of this subsection, the licensee of riparian shoreline shall have the sole right to establish offshore stationary blinds or blind sites within 300 yards of the licensed shoreline or one-third the distance to the opposite shore, whichever is less.
(2)    In the Chesapeake Bay in Anne Arundel and Calvert counties, and in Prospect Bay in Queen Anne’s County, the licensee of riparian shoreline shall have the sole right to establish offshore stationary blinds or blind sites within 800 yards of the licensed shoreline.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-610 - Offshore Blind Sites -- Construction by Department for Public Use

(a)    (1)    In order to provide greater public access and use of wild waterfowl blinds, in each county of the State where wild waterfowl are adequate and hunting is allowed under this subtitle, the Department shall locate and construct blinds on public lands under the Department’s control and make the blinds available for public use.
(2)    The Department may allow the hunting of wild waterfowl from a boat that is drifting or anchored or while standing in the water on the natural bottom in waters adjacent to lands owned or managed by the Department.
(3)    Except for the purpose of animal control, the Department may not allow waterfowl hunting on public land under this section unless the public land is open to public hunting.
(b)    The Department shall encourage local and federal government to make opportunities available for the public to hunt waterfowl from blinds located on public lands under the jurisdiction of the local or federal government by:
(1)    Entering into an agreement with the local or federal government to construct the blinds and manage their use; or
(2)    Advising the local or federal government on the proper construction, location, and management of blinds to be used by the public for hunting wild waterfowl.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-612 - Inspections of Blind Site Certifications

(a)    The Department shall inspect a licensed blind site to determine the validity of the certifications in an application upon request of the owner of the shore front property.
(b)    If the Department finds that the certifications of the application are erroneous, the Department may revoke the license by giving written notice to the applicant.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-613 - Loss of Blind Sites Markers

If a licensee erects a stationary blind or blind site or sets a stake and the stationary blind, blind site, or stake is lost or destroyed in a manner beyond the licensee’s control, the licensee may not lose the licensee’s location and may reestablish the stationary blind, blind site, or stake at any time during the current hunting season.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-614 - Impermissible Blind Site Locations

Offshore stationary blinds or blind sites may not be erected, maintained, or licensed in the following waters:
(1)    Offshore from lands owned or managed by the Department except the Department may locate and construct offshore stationary blinds or blind sites and make the blinds or blind sites available to the public;
(2)    Where the use of the blinds may present a risk to national security or the health and safety of the hunters as determined by the Department;
(3)    Where the location of the blinds interferes with the safe operation of an airport;
(4)    In Baltimore County on:
(i)    The Middle River and its tributaries, westerly or towards shore from a straight line drawn from the tip of Wilson Point in a southwesterly direction to the northwest corner of Cape May Beach;
(ii)    Frog Mortar Creek from a straight line drawn from the tip of what is known as Strawberry Point in a southeasterly direction across the creek to the tip of what is known as Galloway Point and extending 1,500 yards northeast up the creek to the point where Glenwood Road approaches the creek shoreline;
(iii)    Back River and its tributaries west of the Eastern Avenue bridge; or
(iv)    Bird River and its tributaries extending from the head of tide at Whitemarsh Run and Windlass Run and going generally easterly or towards a line that runs in a northerly direction from the northernmost tip of a peninsula called Stumpfs Marsh to the opposite shoreline, but excluding an area that lies between Stumpfs Marsh and a line 150 yards from the shoreline of Stumpfs Marsh; or
(5)    In Kent County on:
(i)    Turner’s Creek; or
(ii)    Chester River and its tributaries, except in those waters lying between Durding’s Creek and Deep Point or between the property line of Wickliffe Farm and Cedar Point Farm near the point known as Pine Tree Cove and Graveyard Point in Spencer Hall Farm on Eastern Neck Island and the Chesapeake Bay between the north end of Wilson’s Point on Trumpington Farm and the mouth of the Chester River.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 6 - Wild Waterfowl › Section 10-615 - Trespass and Unauthorized Use of Blinds

(a)    A person may not enter, use, or occupy another person’s licensed stationary blind or blind site or anchor or tie to another person’s licensed stake for the purpose of hunting wild waterfowl or for any other purpose without first obtaining the written permission of the licensee, which the person shall possess at the time entry or use is made.
(b)    A licensee may institute proceedings against or the Department may prosecute any person who violates the provisions of this section.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 7 - Field Trials and Use of Hunting Dogs › Section 10-701 - Field Trial Permit

(a)    A club or association may not hold a field trial with dogs in the State during any closed hunting season without first obtaining a permit from the Secretary.
(b)    The Secretary may grant a permit to field trial clubs and associations to hold field trials with raccoon, opossum, bird, or rabbit dogs in the State any time during the closed season. Field trials shall be held pursuant to regulations the Secretary adopts to safeguard the interests of wildlife in the State.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 7 - Field Trials and Use of Hunting Dogs › Section 10-702 - Shooting Game Birds and Mammals or Protected Birds at Field Trials During Closed Season

(a)    Any club or association holding a field trial during closed hunting season may not shoot or attempt to shoot any game bird or mammal or protected bird.
(b)    Game birds bred, raised, or purchased in captivity may be shot in flight immediately upon release at retriever trials after being positively identified.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 7 - Field Trials and Use of Hunting Dogs › Section 10-703 - Nonresident Dogs Participating in Field Trials Exempt From License Taxes

Dogs brought into the State to participate in field trials and which are to be removed from the State within 15 days after field trials are held shall be exempted from the payment of State, city, or county license tax.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 8 - State Wildlife Management Areas and Hunting Grounds › Section 10-801 - Acquisition; Exception in Allegany and Garrett Counties

(a)    The Department may acquire, by purchase, lease, condemnation, or gift, title or control of any area of land or water in the State suitable to protect, propagate, or manage wildlife or for hunting purposes. The area of land or water shall be known as a wildlife management area. Any area of land or water greater than 100 acres may be acquired in Garrett County or Allegany County only with the approval of that county. This requirement does not apply to any areas which have previously been authorized for acquisition by the General Assembly.
(b)    The Department may purchase or erect any structure necessary for wildlife management and may purchase or lease any area of land or water excluding the ownership of and the right to drill any mineral, oil, or gas.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 8 - State Wildlife Management Areas and Hunting Grounds › Section 10-802 - Title and Control; Expenditures for Acquisition

(a)    The title to any land or water acquired by purchase, gift, or condemnation shall be taken in the name of the State for the Department’s use. The entire control of the area of land and water shall be under the State’s direction.
(b)    The Secretary may expend from the State Wildlife Management and Protection Fund any amount necessary to purchase or condemn the area of land or water.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 8 - State Wildlife Management Areas and Hunting Grounds › Section 10-803 - Sale and Exchange of Property

(a)    If the Department considers it in the State’s best interests and the Governor consents, the Department may exchange any area of land or water or part the Department owns together with any improvement on the area of land or water for any privately owned area of land or water equal to or greater in value than the area of land or water the Department exchanges and adapted for wildlife refuge and management. Also, the Department may sell any area of land or water or part of the area of land or water owned by the Department to the person who offers the highest price.
(b)    The Department may use any acquired area of land or water as a State park.
(c)    The Attorney General shall prepare any deed necessary to complete the exchange or sale of the area of land or water. The Secretary shall execute the deed. The net proceeds of any sale shall be deposited with the State Comptroller and placed to the credit of the State Wildlife Management and Protection Fund.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 8 - State Wildlife Management Areas and Hunting Grounds › Section 10-804 - Use; Sale of Timber; Rights-of-Way Across Areas; Caretakers

(a)    An acquired area of land or water may be used to create and maintain State wildlife refuges, for wildlife management, and hunting grounds as the Department deems advisable for hunting grounds.
(b)    (1)    The Department may cut and remove and sell or permit the cutting and removing and selling of timber on lands to which title has been acquired by purchase, gift, or otherwise.
(2)    The net proceeds from the timber shall be deposited with the State Comptroller and placed to the credit of the State Wildlife Management and Protection Fund.
(c)    The Department may grant rights-of-way on or across any acquired area of land or water if the grant does not affect adversely wildlife protection, management, and propagation.
(d)    The Department may appoint a caretaker of the area of land or water and make an agreement with the caretaker for proper care and management of the wildlife refuge.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 8 - State Wildlife Management Areas and Hunting Grounds › Section 10-805 - State Wildlife Refuges -- Establishment on State or Federal Property; Markings and Notices

(a)    The Department, in order to protect and propagate wildlife, may establish and maintain State wildlife refuges where wildlife may not be hunted, disturbed, or molested at any time. Upon the consent of the Governor and the superintendent in charge of any area of federally owned or State-owned land or water, the Department may locate a State wildlife refuge on any State-owned or federally owned forest, land, or water.
(b)    The boundaries of each wildlife refuge shall be clearly marked. At each refuge a notice shall be posted in a conspicuous place informing the public the area of land or water is a “State Wildlife Refuge -- Hunting Is Unlawful”, and other information or regulations the Department considers advisable.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 8 - State Wildlife Management Areas and Hunting Grounds › Section 10-806 - State Wildlife Refuges -- Leased Land or Water

(a)    If a person who owns or controls any suitable area of land or water desires to have the area of land or water set aside for a refuge, the person may apply to the Department, giving a description of the area of land or water including a specific location, map, or sketch showing an outline of the area of land or water, the location of any structure or improvement and the nature of the area of land or water, such as woodland, abandoned farmland, or cultivated land, or lake, pond, marsh, or impounded stream.
(b)    The Department may examine the area of land or water to determine if the area of land or water is suitable for wildlife protection and management. If the area of land or water is acceptable as a wildlife refuge, the Department shall notify the person of this fact. The person shall sign a lease, vesting the State with every hunting right in the area of land or water without charge. The lease also shall provide that the owner, the owner’s family, agents, tenants, and any other person may not hunt on the area of land or water, and that the person will make every effort to protect the refuge from forest fires, hunting, or any violation of any State conservation law. The lease or agreement shall continue in force for an uninterrupted period of at least 5 years.
(c)    If the person who owns or controls the area of land or water named in any lease on which there is no charge sells the area of land or water, the area is released from the operation of the lease unless the purchaser agrees to allow the area to remain under lease. The Department or the owner of the area of land or water may rescind any lease for which there is no charge made pursuant to this section after giving 90 days written notice to the other party of intent to terminate the lease.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 8 - State Wildlife Management Areas and Hunting Grounds › Section 10-807 - State Wildlife Refuges -- Entry Upon

(a)    A person may not enter in any manner on any State wildlife refuge without the consent of the Department or person in charge of the area of land or water.
(b)    (1)    A person may not allow any dog, domestic stock, or poultry to enter in any manner on any State-owned wildlife refuge.
(2)    The Department may grant a special written permit, subject to revocation at any time, to any person regularly residing on lands included within any wildlife refuge to have any trap, dog, or gun on the refuge. However, the trap, dog, or gun may not be used in hunting wildlife unless done under special permit from the Department for propagating purposes.
(3)    Where any portion of a State wildlife refuge is used for a State park, entry by any person within the refuge area for recreational pursuits may not be restricted on the portion used as a State park as long as the person does not carry any firearm or trap nor permit any dog to disturb or chase wildlife.
(c)    The Department by written permission may grant to any responsible person the right to hunt for vermin and use any dog and gun in connection with hunting on State wildlife refuges. The Department also may grant permission to hunt wildlife to be used for propagation purposes.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-901 - Legislative Findings and Declarations

The General Assembly finds and declares that it is in the public interest to insure the conservation, preservation, and condition of wildlife native to Maryland, by strictly regulating in the State the possession, importation, exportation, breeding, raising, protection, rehabilitation, hunting, killing, trapping, capture, purchase, or sale of certain wildlife which pose a possibility of:
(1)    Harmful competition to native wildlife;
(2)    The introduction of a disease or pest harmful to native wildlife;
(3)    Problems of enforcing laws and regulations relative to wildlife; or
(4)    Threatening native wildlife or other natural resources.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-902 - Permits and Licenses

(a)    Any person desiring to possess, import, export, breed, raise, protect, rehabilitate, hunt, kill, trap, capture, purchase, or sell any wildlife native to Maryland, shall first obtain a permit or license from the Department.
(b)    The Secretary shall establish by regulation:
(1)    The types and classes of permits and licenses which shall be issued;
(2)    The species of wildlife exempt from the permit and license requirement;
(3)    Sanitary housing or any other conditions which are necessary for the humane, safe, and healthy possession of wildlife;
(4)    Conditions under which captive wildlife may be hunted or released to the wild; and
(5)    Record keeping requirements.
(c)    The Secretary shall charge a reasonable fee for each permit or license.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-903 - Regulations Prohibiting or Restricting Importation, Exportation, etc., of Nonnative Wildlife

The Secretary may adopt regulations prohibiting or restricting the importation, exportation, sale, release, or possession of wildlife not native to Maryland on a finding that the wildlife is harmful to native wildlife or to natural ecosystems.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-904 - Intergovernmental Coordination

The Secretary shall coordinate with federal and local governments regarding the issuance of permits, inspection of facilities, and enforcement of compliance with pertinent laws and regulations. This subtitle may not be construed to limit local governments from enacting stricter requirements regarding housing and sanitation conditions under which wildlife must be kept or other health and safety requirements.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-905 - Game Husbandry Licenses

(a)    (1)    On payment of a reasonable fee, the Secretary may issue a game husbandry license to any person who desires to raise, breed, protect, or sell game birds or mammals.
(2)    The license shall expire on December 31 after the date of issuance and may be revoked at any time for noncompliance with the license’s terms and conditions.
(3)    The license shall specify:
(i)    The species of game birds and mammals which may be bred, raised, protected, or sold and for what purpose;
(ii)    The type of fencing or other requirements necessary to prevent undesirable mixing of native wildlife and the captive game birds or mammals; and
(iii)    Any other condition necessary to ensure adequate protection of native wildlife.
(b)    (1)    If any game bird or mammal raised in captivity is shipped or removed from the licensee’s premises, the game bird or mammal must be properly identified until prepared for final consumption or disposition.
(2)    Any game bird or mammal moved within the State shall be accompanied by an itemized bill of sale from the licensee.
(3)    Any game bird or mammal shipped out-of-state shall have a bill of lading attached to the shipping carton, crate, or other container.
(c)    Each licensee shall keep a ledger of any game bird or mammal raised, the number killed, and the number sold dead or alive. The licensee shall allow the Department:
(1)    To enter and inspect at any reasonable hour the premises where operations are carried on; and
(2)    To inspect the records.
(d)    The Secretary may prescribe, by regulation, the conditions under which a person may possess and sell game birds and mammals intended for human consumption which have been purchased from a licensed game breeder.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-907 - Hunting With Falcons, Hawks, or Owls

(a)    Any person desiring to take alive, possess, train, fly, and hunt with falcons, hawks, or owls shall first obtain a falconry permit from the Secretary.
(b)    The Secretary may issue a falconry permit, on the payment of a reasonable fee, to any properly accredited person who:
(1)    Is at least 14 years old;
(2)    Has demonstrated adequate knowledge and training in the care and handling of birds of prey; and
(3)    Possesses facilities demonstrated to be of sufficient design and size to properly maintain the permitted wildlife in captivity.
(c)    The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.
(d)    The birds authorized under this permit shall be used only for the sport of hunting game birds or mammals during the open season.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-908 - Wildlife Damage Control Permits

(a)    Any properly accredited person desiring to assist the Department in the control of wildlife injurious to agriculture or other interests, or to provide care and treatment of sick or injured wildlife for rehabilitation and release back to the wild, shall first obtain a wildlife damage control permit from the Secretary.
(b)    (1)    The Secretary may issue a wildlife damage control permit, on the payment of a reasonable fee, to a person who:
(i)    Has adequate training in the capture, handling, and care of wildlife; and
(ii)    Owns or leases facilities demonstrated to be of sufficient size and design to properly maintain the permitted wildlife in captivity.
(2)    The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.
(c)    The Secretary may designate in the permit the species and numbers of wildlife authorized to be possessed and the disposition of the wildlife.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-909 - Collection of Wildlife, Nests, or Eggs for Scientific or Educational Purposes

(a)    Any properly accredited person of known scientific attainment desiring to collect wildlife, nests, or eggs from the wild for scientific or educational purposes shall first obtain a scientific collection permit from the Secretary.
(b)    The Secretary may issue a scientific collecting permit, on the payment of a reasonable fee, to any properly accredited person who has demonstrated a legitimate scientific or educational need for the requested wildlife.
(c)    The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.
(d)    The permit:
(1)    Shall expire December 31 of the issuing year; and
(2)    May not be transferred to another person.
(e)    The permit becomes void on proof that the permittee has:
(1)    Captured or killed any wildlife;
(2)    Taken any nests or eggs for other than scientific or educational purposes; or
(3)    Taken or possessed any wildlife, nests, or eggs not authorized by the permit.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 9 - Captive Wildlife › Section 10-911 - Penalties; Nuisances

(a)    In addition to any other penalty provided by the provisions of this title, the Secretary may revoke or suspend any license, permit, or certificate issued to any person pursuant to this subtitle if the Secretary finds the person or a guest of the person has violated:
(1)    The terms and conditions of the license, permit, or certificate;
(2)    Any regulation adopted to implement this subtitle; or
(3)    Any State or federal wildlife law or regulation.
(b)    Any wildlife for which a license or permit is required under this subtitle and for which a license or permit is not obtained shall be considered a nuisance and contraband and is subject to seizure by any authorized law enforcement officer.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 11 - Penalties and Fines, Searches, Seizures, and Forfeitures › Section 10-1101 - Penalties

(a)    For the purpose of this title, each game bird or mammal taken illegally, purchased, offered for purchase, sold, bartered, or exchanged in excess of the bag limit or possessed illegally constitutes a separate offense.
(b)    Any person who violates any provision of this title is guilty of a misdemeanor. Unless another penalty is specifically provided elsewhere in this title, the person, upon conviction, is subject to a fine not exceeding $1,500, with costs imposed in the discretion of the court.
(c)    (1)    Unless another penalty is specifically provided elsewhere in this title any person found guilty of a second or subsequent violation of any provision of this title, is subject to a fine not exceeding $4,000, or imprisonment not exceeding 1 year, or both, with costs imposed in the discretion of the court.
(2)    For the purpose of this subsection, a second or subsequent violation is a violation which has occurred within 2 years of any prior violation of this title and which arises out of a separate set of circumstances.
(d)    In addition to any administrative penalty provided in this title, violation of any regulation adopted by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (b) and (c) of this section.
(e)    This section does not apply to a violation of § 10–424(2) of this title.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 11 - Penalties and Fines, Searches, Seizures, and Forfeitures › Section 10-1101.1 - Restitution -- Poaching

(a)    (1)    Notwithstanding § 10–1101 of this subtitle, if a person is convicted of poaching deer on any land in the State, the court shall order the person to pay the State restitution in accordance with this section.
(2)    For an act of poaching that involves trespassing on another’s property, this section applies with respect to the trespass violation only if the person trespasses in a knowing or willful manner.
(b)    (1)    For each sika deer or antlered white–tailed deer that obtains a score of 150 gross inches or less, as measured by the Boone and Crockett Club’s scoring system for white–tailed deer, a person convicted of poaching deer shall:
(i)    Pay restitution of not less than $2,000 but not exceeding $5,000, in an amount deemed reasonable by the court; and
(ii)    Perform 80 hours of community service.
(2)    For each antlered white–tailed deer that obtains a score of more than 150 gross inches, as measured by the Boone and Crockett Club’s scoring system for white–tailed deer, a person convicted of poaching deer shall:
(i)    Pay restitution of not less than $5,000 but not exceeding $10,000, in an amount deemed reasonable by the court; and
(ii)    Perform 80 hours of community service.
(3)    For each antlerless white–tailed deer, a person convicted of poaching deer shall:
(i)    Pay restitution of not less than $300 but not exceeding $500, in an amount deemed reasonable by the court; or
(ii)    Perform 40 hours of community service.
(c)    The restitution collected under this section shall be credited to the State Wildlife Management and Protection Fund, established under § 10–209 of this title.
(d)    The Department shall adopt regulations to implement this section.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 11 - Penalties and Fines, Searches, Seizures, and Forfeitures › Section 10-1102 - Collection and Disposition of Fines

(a)    If any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system, with the exception of restitution payments made under § 10–1101.1 of this subtitle that are credited to the State Wildlife Management and Protection Fund, established under § 10–209 of this title.
(b)    If any fine is imposed by the circuit court of any county, the fine, less the costs of collection, shall be paid to the State Wildlife Management and Protection Fund, unless otherwise provided for.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 11 - Penalties and Fines, Searches, Seizures, and Forfeitures › Section 10-1103 - Search Warrants

If any Natural Resources police officer or any law enforcement officer has probable cause to believe that any person possesses any bird, mammal, amphibian, or reptile or any device in violation of this title, the officer shall go before any District Court judge of the county in which the species of wildlife or device is believed to be and make affidavit to that fact. If the judge finds the affidavit legally sufficient, the judge shall issue a search warrant against the person complained of, directed to the officer making the affidavit, commanding the officer to proceed at once and search for the bird, mammal, amphibian, or reptile or the device and, upon finding it, to seize, take possession, and keep it until further order by the judge. The warrant shall be executed pursuant to the Maryland Rules. The warrant shall be returned within 5 days from the issuing date or within a shorter period of time set forth in the search warrant.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 11 - Penalties and Fines, Searches, Seizures, and Forfeitures › Section 10-1104 - Searches Without Warrant

(a)    If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any species of wildlife or any device is possessed in violation of this title, and it is not possible or feasible to secure a search warrant in time to seize the bird, mammal, amphibian, or reptile or the device, then the Natural Resources police officer may examine any boat, railway car, box, crate, package, or game bag without a warrant.
(b)    In this event, a Natural Resources police officer, in uniform or accompanied by a uniformed police officer, may stop and search an automobile, any vehicle, or trailer for the purpose of examining the game bags. The Natural Resources police officer also may determine whether the person has an appropriate license.
(c)    This section does not permit entering a dwelling house without first procuring a search warrant.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 11 - Penalties and Fines, Searches, Seizures, and Forfeitures › Section 10-1105 - Seizure and Disposition of Wildlife Unlawfully Caught, Sold, Offered for Sale, Transported, or Possessed

A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any regulation adopted pursuant to this title, may seize every bird, mammal, reptile, and amphibian unlawfully caught, sold, offered for sale, transported, or possessed. The Department may dispose of any seized species of wildlife at the Department’s discretion.
2023 Maryland Statutes › Natural Resources › Title 10 - Wildlife › Subtitle 11 - Penalties and Fines, Searches, Seizures, and Forfeitures › Section 10-1106 - Seizure, Forfeiture, and Disposition of Devices, Equipment, or Property

(a)    A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any regulation adopted pursuant to this title, may seize any device, equipment, conveyance, or property unlawfully used. If the owner or person in charge of the seized device, equipment, conveyance, or property is convicted, the court may declare the device, equipment, conveyance, or property forfeited, in addition to any other penalty provided in this title. Any forfeiture becomes the property of the Department for disposition at the Department’s discretion. If the owner is not known, the court may proceed ex parte to hear and determine any question of forfeiture. If the owner or person charged with the violation is not convicted, the device, equipment, conveyance, or property seized shall be released and returned to the owner or person.
(b)    The device, conveyance, or property may not be forfeited if the owner was not a consenting party or privy to a violation.