reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.14 - Waterfowl Outfitting and Guiding › Section 08.03.14.04 - Qualifications for Waterfowl Hunting Guide License

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Service may not issue waterfowl hunting guide license if the applicant does not meet the qualifications of this regulation.
B. A waterfowl hunting guide licensee shall meet the following qualifications:
(1) Be 16 years old or older; and
(2) Possess a valid Maryland hunting license.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.14 - Waterfowl Outfitting and Guiding › Section 08.03.14.05 - Restrictions On Waterfowl Hunting Guides While Guiding

Current through Register Vol. 51, No. 14, July 12, 2024
A. A waterfowl hunting guide may not provide personal guiding services in either the offshore waterfowl or sea duck hunting zones unless the licensee possesses a valid U.S. Coast Guard Captain's or master's license.
B. A waterfowl hunting guide shall possess a valid Maryland hunting license while guiding waterfowl hunters.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.14 - Waterfowl Outfitting and Guiding › Section 08.03.14.06 - Record-Keeping Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed waterfowl outfitter or waterfowl hunting guide shall maintain accurate and complete records as provided in this regulation.
B. The waterfowl outfitter shall maintain a list that contains the following information for each waterfowl hunting guide the waterfowl outfitter employs:
(1) Full name;
(2) Waterfowl hunting guide license number;
(3) Address of residence;
(4) Birth date; and
(5) Telephone number.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.01 - Scope and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This chapter establishes an administrative process, standards, and requirements for a person to:
(1) Obtain a wildlife damage control permit;
(2) Conduct wildlife damage control; and
(3) Provide wildlife damage control services.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Body gripping trap" means a mechanically powered rotating-jaw killing trap.
(2) "Commercial wildlife damage control operator" means a person who charges a fee or receives compensation for providing wildlife damage control services.
(3) "Control" means to capture, trap, kill, shoot, euthanize, or attempt to capture, trap, kill, shoot, or euthanize.
(4) "Direct supervision" means a supervisor and employee working at the same job site at the same time.
(5) "Governmental agency" means a unit of State, county, or municipal government, or a contractor of the unit established to provide wildlife damage control services.
(6) "Jaw spread" means the maximum distance between the inside of both jaws of a trap, when measured across the trap jaws on a line perpendicular to a line drawn through the jaw pivot points when the trap is in a set position.
(7) "Landowner" means a person:
(a) Holding real property under title or lease; or
(b) Authorized to act on behalf of a landowner for wildlife damage control.
(8) "Public agency wildlife damage control operator" means a governmental agency that provides wildlife damage control services.
(9) "Rabies vector species" means bats, foxes, raccoons, and skunks.
(10) "Restricted use pesticide" means any pesticide so classified by Agriculture Article, Title 5, Annotated Code Maryland, the federal government, or the Maryland Secretary of Agriculture.
(11) "USDA" means the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services.
(12) "Wildlife" means any native species of mammal, bird, amphibian, or reptile, which spends a majority of its life cycle on land or any part, egg, offspring, or dead body of any of them.
(13) "Wildlife damage control operator" means both commercial wildlife damage control operators and public agency wildlife damage control operators.
(14) "Wildlife damage control services" means the art and science of providing advice or services to reduce, eliminate, or prevent damage caused by wildlife to humans or property.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.03 - Landowner Wildlife Damage Control Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, a landowner who wishes to control wildlife on the landowner's property may do so only after obtaining a landowner wildlife damage control permit from USDA or a federal depredation permit for migratory birds from the U.S. Fish and Wildlife Service.
B. A landowner wildlife damage control permit is not required for a landowner or the landowner's agent to control:
(1) Game mammals or birds during legal hunting seasons with legal devices;
(2) Deer under the authority of a deer management permit as described in COMAR 08.03.04.02 f;
(3) Canada geese under the authority of COMAR 08.03.07.10 f;
(4) Blackbirds and crows under the authority of COMAR 08.03.05.05 f;
(5) Any of the following unprotected species:
(a) Nutria;
(b) Woodchuck;
(c) Feral pigeon;
(d) European starling; or
(e) House sparrow; or
(6) Any of the following species or species groups when causing damage or destroying the personal or real property of the landowner:
(a) Mouse;
(b) Mole;
(c) Rat; or
(d) Vole.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.04 - Wildlife Damage Control Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements; Exceptions.
(1) Except as provided in §A(2) of this regulation, a person providing either commercial or public agency wildlife damage control services shall obtain a wildlife damage control permit from the Service.
(2) A wildlife damage control permit is not required to:
(a) Control deer under the authority of a deer cooperator permit as provided in COMAR 08.03.09.11 f;
(b) Control mice, moles, rats, or voles, if the species is not listed in COMAR 08.03.08;
(c) Transport sick, injured, or orphaned wildlife to a:
(i) Licensed wildlife rehabilitator for rehabilitation; or
(ii) Facility authorized to euthanize animals;
(d) Remove dead animals from areas within Maryland if the person is under contract with a governmental agency to provide removal services;
(e) Respond to rabid animal complaints or other public health emergencies as directed by the State or local public health department; or
(f) Control European starlings, feral pigeons, and house sparrows if the person is certified by the Maryland Department of Agriculture, as defined in COMAR 15.05.01.08A(7)(c).
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.05 - Wildlife Damage Control Permits - Written Examination

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for a wildlife damage control permit shall pass a written examination before obtaining the permit.
B. The minimum passing score for the written examination is 80 percent.
C. The written examination shall contain questions related to:
(1) Wildlife damage control procedures;
(2) Current statutes and regulations pertaining to Maryland wildlife;
(3) Wildlife biology, such as reproductive cycles, feeding patterns, and den sites of the more common problem wildlife species in Maryland;
(4) Human health and safety issues;
(5) Wildlife control methods, both lethal and nonlethal;
(6) Acceptable methods of killing; and
(7) Other questions necessary to determine an individual's ability to conduct wildlife damage control services.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.06 - Wildlife Damage Control Permits - Application Form

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall obtain application forms from the Maryland Wildlife and Heritage Service, 580 Taylor Ave., E-1, Annapolis, Maryland 21401, or by calling 410-260-8540. The applicant shall mail or deliver the completed application to: Permits Coordinator, Maryland Wildlife and Heritage Service, 580 Taylor Ave., E-1, Annapolis, Maryland 21401. The Service will mail permit renewals to permit holders at least 2 months before the expiration of the permit.
B. To apply for or renew a wildlife damage control permit, a person shall submit to the Service a completed application form provided by the Service that includes:
(1) Applicant's name;
(2) Corporate name (if applicant is incorporated);
(3) Governmental entity (if applicable), or letter of authorization from the governmental entity if the applicant is under contract to provide wildlife damage control services (if applicable);
(4) Address;
(5) Email address (if applicable);
(6) Website (if applicable);
(7) Phone number;
(8) Date of birth; and
(9) Social Security or federal tax identification number.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.07 - Wildlife Damage Control Permits - Application Fee

Current through Register Vol. 51, No. 14, July 12, 2024
A. The application fee for a commercial wildlife damage control operator permit is $50. The Service shall return half the application fee if it denies a permit application.
B. An application fee is not required for a public agency wildlife damage control operator permit if the applicant is a governmental agency or verified contractor and provides wildlife damage control services at no cost to the complainant.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.08 - Wildlife Damage Control Permits - Species List

Current through Register Vol. 51, No. 14, July 12, 2024
The applicant shall provide, from the following list, the species that the applicant seeks authority to control:
A. The following mammals:
(1) Bats;
(2) The following furbearing mammals:
(a) Beaver;
(b) Bobcat;
(c) Coyote;
(d) Fisher;
(e) Fox;
(f) Mink;
(g) Muskrat;
(h) Nutria;
(i) Opossum;
(j) River otter;
(k) Raccoon;
(l) Skunk; and
(m) Weasel;
(3) Rabbits; and
(4) The following rodents:
(a) Chipmunk;
(b) Gray squirrel;
(c) Eastern fox squirrel;
(d) Red squirrel;
(e) Southern flying squirrel; and
(f) Woodchuck;
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.09 - Wildlife Damage Control Permits - Area of Operation

Current through Register Vol. 51, No. 14, July 12, 2024
The applicant shall provide a list of counties in which it will perform wildlife damage control services.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.10 - Wildlife Damage Control Permits - Release of Information

Current through Register Vol. 51, No. 14, July 12, 2024
The applicant may waive the provisions of COMAR 08.01.06.06GG to allow application information to be made available to the public.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.11 - Wildlife Damage Control Permits - Minimum Age

Current through Register Vol. 51, No. 14, July 12, 2024
An individual who applies for a wildlife damage control permit shall be 18 years old or older.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.12 - Wildlife Damage Control Permits - Permit Term

Current through Register Vol. 51, No. 14, July 12, 2024
A wildlife damage control permit expires on December 31 of each year.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.13 - Wildlife Damage Control Permits - Change of Address

Current through Register Vol. 51, No. 14, July 12, 2024
A permittee shall immediately inform the Service at the address in Regulation .06 of this chapter of a change in business ownership, name, address, or phone number.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.14 - Wildlife Damage Control Permits - Permit Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
The holder of a wildlife damage control permit may not transfer the permit to another person.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.15 - Commercial Wildlife Damage Control Permits - Employees

Current through Register Vol. 51, No. 14, July 12, 2024
The applicant shall include a list of employees who will conduct commercial wildlife damage control services as assistants under Regulation .16 of this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.16 - Commercial Wildlife Damage Control Permits - Assistant Permit Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. To apply for or to renew an assistant commercial wildlife damage control operator permit, an individual shall submit to the Service a completed application form provided by the Service that includes:
(1) Applicant's name;
(2) Address;
(3) Email address (if applicable);
(4) Phone number;
(5) Date of birth;
(6) Social Security or federal tax identification number; and
(7) The name of the business commercial wildlife damage control operator for which the individual will be working.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.17 - Existing Wildlife Control Cooperator Permit Holders

Current through Register Vol. 51, No. 14, July 12, 2024
A. A wildlife control cooperator permit issued to a person providing wildlife damage control services before the effective date of this regulation remains valid until the stated expiration date.
B. A person that has a wildlife control cooperator permit and provides wildlife damage control services as of the effective date of this chapter shall meet the test requirements by January 1, 2009, to be permitted as a wildlife damage control operator.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.18 - Business Practices

Current through Register Vol. 51, No. 14, July 12, 2024
A. A wildlife damage control operator may not engage in any form of false or misleading advertising or promotional activities, including, but not limited to, the falsification or misrepresentation of:
(1) The work of a wildlife damage control operator or of an individual employed by the wildlife damage control operator;
(2) The academic or professional qualifications or affiliations of the wildlife damage control operator; or
(3) The experience or licensing status of the wildlife damage control operator.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.19 - Operations and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A wildlife damage control operator shall have the permit in the permittee's possession while conducting wildlife damage control operations. The permittee shall provide the permit to a client or law enforcement officer upon request.
B. A wildlife damage control operator may conduct wildlife damage control at any time.
C. Allowable methods for trapping mammals include:
(1) Body-gripping traps which are:
(a) Larger than 8 inches by 8 inches or 8-inch diameter when the traps are submerged partially or totally in water; or
(b) Equal to or less than 8 inches by 8 inches or 8 inches in diameter:
(i) On, in, or under a building;
(ii) In tidal wetlands, flooded nontidal wetlands, and in those portions of inland freshwater marshes, shrub swamps, wooded swamps, and bogs where water is covering the surface of the soil or the soil is waterlogged to the surface; or
(iii) In all other locations when partially or totally submerged in water;
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.20 - Operations and Procedure - Bats

Current through Register Vol. 51, No. 14, July 12, 2024
A. A wildlife damage control operator shall remove bats only by nonlethal methods, except when a State or local public health department requires lethal removal.
B. A wildlife damage control operator may capture and release individual bats that enter a dwelling or office outside near the building.
C. Bat colonies containing more than 10 adults, whether or not young are present, require prior approval from the Service to be excluded from buildings from March 1 to August 31.
D. Bat colonies containing 10 or fewer adults do not require prior approval from the Service for exclusion at any time of the year.
E. Exclusion of a bat colony and sealing of active entrances into the building shall take place before hibernation.
F. A wildlife damage control operator may install and leave in place exclusion devices for hibernating bats until the colony emerges in the spring.
G. A wildlife damage control operator may seal bat entrances after the bat colony is excluded from the building.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.21 - Operations and Procedure - Chimney Swifts

Current through Register Vol. 51, No. 14, July 12, 2024
A federal permit is required to:
A. Clean, repair, or cap a chimney that contains active chimney swift nests that include either eggs or young; or
B. Conduct any activity that will result in the destruction of chimney swift adults, eggs, or young.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.22 - Operations and Procedure - Reptiles and Amphibians

Current through Register Vol. 51, No. 14, July 12, 2024
A wildlife damage control operator may not kill reptiles and amphibians.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.23 - Operations and Procedure - Fisher and River Otter

Current through Register Vol. 51, No. 14, July 12, 2024
A wildlife damage control operator shall tag all fisher and river otter captured from November 15 to March 15 with tags provided by the Service.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.24 - Disposition of Trapped Wildlife

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any live wildlife taken into possession under the authority of this permit, except as provided in §§B-G of this regulation, shall be:
(1) Released on site;
(2) Transported and released on a wildlife management area or other areas with written permission from the landowner or managing authority, within the same or an adjacent county; or
(3) Killed.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.25 - Disposition of Trapped Wildlife - Killing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Killing, as allowed in Regulation .25 of this chapter, shall be done:
(1) On-site; or
(2) After transport, by:
(a) The permittee;
(b) The local humane society;
(c) The local animal control entity; or
(d) A licensed veterinarian.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.26 - Disposition of Trapped Wildlife - Sale, Trade, Barter, or Transfer

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, the sale, trade, barter, or transfer to another person of any live or dead wildlife acquired under the authority of this chapter is prohibited.
B. A wildlife damage control operator may sell, trade, barter, or transfer the pelt of any fur-bearing mammal acquired between November 1 and March 15.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.27 - Record Keeping and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. A wildlife damage control operator shall maintain records at the operator's normal place of business, including the following information for each wildlife complaint to which the operator responds:
(1) The date of the complaint;
(2) The name and address of the complainant;
(3) The number and species of wildlife involved;
(4) The type of damage caused by the wildlife; and
(5) The method of disposition.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.15 - Wildlife Damage Control Permits › Section 08.03.15.28 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Service may revoke, restrict, or suspend a permit issued under this chapter for a violation of:
(1) This chapter;
(2) The terms of the permit;
(3) A State or federal wildlife law or regulation; or
(4) Animal cruelty laws.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.16 - Hunting Privilege Suspension and Restitution › Section 08.03.16.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Conviction " includes:
(a) A guilty verdict;
(b) Accepted plea of nolo contendere;
(c) An admission of guilt to any charge made by the prepayment of the applicable fine instead of appearing for trial; or
(d) Each charged violation merged into a conviction.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.16 - Hunting Privilege Suspension and Restitution › Section 08.03.16.02 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following document is incorporated by reference.
B. Document Incorporated. Boone and Crockett Club Official Scoring System for North American Big Game Trophies Non-Typical Whitetail and Coues'Deer, 2015.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.16 - Hunting Privilege Suspension and Restitution › Section 08.03.16.03 - Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any person who is convicted of an offense under §§B-D of this regulation or similar offenses under federal law in Maryland may:
(1) Have all hunting licenses, permits, or stamps issued by the Department suspended;
(2) Be prohibited from engaging in any hunting activity for the period of time described in §§B-D of this regulation; and
(3) Be prohibited from applying for any hunting license, permit, or stamp for the period of time described in §§B-D of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.16 - Hunting Privilege Suspension and Restitution › Section 08.03.16.04 - Restitution for Deer

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with Natural Resources Article, §
									10-1101.1, Annotated Code of Maryland, a person convicted of deer poaching in Maryland shall pay restitution.
B. Amount of Restitution.
(1) For each antlered white-tailed deer that obtains a gross score of more than 150 gross inches, a person convicted of deer poaching shall:
(a) Pay restitution of not less than $5,000 but not exceeding $10,000; and
(b) Perform 80 hours of community service.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.16 - Hunting Privilege Suspension and Restitution › Section 08.03.16.05 - Restitution for Wildlife Species Other than Deer

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a person is convicted of violating any provision of Natural Resources Article, Title 10, Annotated Code of Maryland, and the violation causes or results in the injury, death, or destruction of any wildlife, a court may order the person convicted to pay restitution to the State for the resource value of the wildlife taking into account the values provided in this regulation.
B. The monetary values, per animal, for wildlife species within the following categories, as defined in Natural Resources Article, §
									10-101 and § 10-2 A-01, Annotated Code of Maryland, and COMAR 08.03.08 are:
(1) Endangered species - $2,000;
(2) Black bear -$1,500;
(3) Threatened species - $1,000;
(4) Forest game birds and mammals, other than deer and black bear -$500;
(5) Wild waterfowl - $500;
(6) Fur-bearing mammals - $100;
(7) Nongame birds and mammals - $100;
(8) Upland game birds and mammals - $100; and
(9) Wetland game birds - $100.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.17 - Irreplaceable Natural Areas › Section 08.03.17.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
The Irreplaceable Natural Areas Portfolio (Maryland Department of Natural Resources, Wildlife and Heritage Service, March 2023), establishing management objectives for irreplaceable natural areas, including: a map depicting boundaries for each area; a description of the unique features and threats for each area; and compatible and incompatible activities for each area, is incorporated by reference.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 03 - WILDLIFE › Chapter 08.03.17 - Irreplaceable Natural Areas › Section 08.03.17.02 - Sites Designated as Irreplaceable Natural Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Allegany County.
(1) Bells Hill Shale Glade.
(2) Big Run - Green Ridge.
(3) Black Sulphur Run.
(4) Boyer Knob.
(5) Carroll Road Barrens.
(6) Dans Mountain.
(7) Deep Run.
(8) East Gilpin Shale Cliff.
(9) East Pratt Hollow Slope.
(10) Fifteenmile Creek and Tributaries.
(11) Fifteenmile Creek North Complex.
(12) Fifteenmile Creek South Complex.
(13) Fort Hill.
(14) Fossil Run.
(15) Georges Creek Tributaries.
(16) Green Ridge North.
(17) Hanging Prairie Shale Glade.
(18) High Germany Shale Barrens.
(19) Indian Lick Woods.
(20) Indigo Cedars.
(21) Jacobs Road Woods.
(22) Kasecamp Neck.
(23) Line Run Shale Barren.
(24) Little Pine Lick Hollow.
(25) Lower Town Creek Shale Glade.
(26) Maniford Shale Slopes.
(27) Maple Run.
(28) Martin Mountain South.
(29) Mertens Avenue Woods.
(30) Mountain Road South Woods.
(31) Mountain Road Woods.
(32) North Bells Hill Cliff.
(33) North Branch Potomac - Dans Mountain Tributaries.
(34) Oldtown Road Shale Glade.
(35) Outdoor Club Barrens.
(36) Paw Bends.
(37) Peters Run Woods.
(38) Possum Hollow.
(39) Rocky Gap.
(40) Rocky Gap Glade.
(41) Rocky Gap Run.
(42) Sideling Hill Creek.
(43) Stafford Slope Woods.
(44) Straus Barren and Floodplain.
(45) Sugar Hollow Shale Glades.
(46) Sulphur Run.
(47) Terrapin Run South.
(48) The Narrows.
(49) Town Creek - Pumpkin Center.
(50) Town Creek - Turkey Camp.
(51) Town Creek and Tributaries.
(52) Town Hill East Woods.
(53) Town Hill South.
(54) Town Hill West Woods.
(55) Turkey Camp Shale Complex.
(56) Warrior Mountain Hillside.
(57) Warrior Mountain Sandstone Glade.
(58) West Boyer Knob.
(59) Whittaker Ridge South.
(60) Williams Road Shale Glade.
(61) Wills Mountain Outcrop.
(62) Yonkers Bottom Shale Barren.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.01 - Vessel Numbering

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not use a vessel unless:
(1) It has a number issued on a certificate of number by the Department or the issuing authority in the state where the vessel is principally used; or
(2) The vessel is exempt from numbering pursuant to 33 CFR §
											173.13 as amended.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.02 - Possession of Certificate of Number

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in 33 CFR §
										173.13 and 33 CFR §
										173.17 as amended, a person may not use a vessel unless it has on board:
(1) A valid certificate of number or temporary certificate for that vessel issued by the issuing authority in the state in which the vessel is principally used; or
(2) For the vessel described in §B of this regulation, a copy of the lease or rental agreement, signed by the owner or the owner's authorized representative and by the person leasing or renting the vessel, that contains at least:
(a) The vessel number that appears on the certificate of number; and
(b) The period of time for which the vessel is leased or rented.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.03 - Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
The numbering requirements do not apply to the following vessels:
A. Exceptions noted in Natural Resources Article, §
									8-712(a)(1), Annotated Code of Maryland;
B. A motor boat used solely for power boat racing which carries an official racing number issued by a recognized racing organization;
C. Chesapeake Bay log sailing canoes which are registered with the Department, used exclusively for racing and which meet the specifications of the Chesapeake Bay Log Canoe Association as to construction and rig. These vessels shall display their names on each bow in letters not less than 3 inches high, and of a contrasting color to the background; and
D. A vessel equipped with propulsion less than 10 horsepower used exclusively for direct transportation between a numbered vessel and the shore. Vessel must display the number of the numbered vessel followed by the suffix "I".
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.04 - Reciprocity

Current through Register Vol. 51, No. 14, July 12, 2024
A. A vessel numbered in another state and temporarily using Maryland waters is deemed in compliance with the numbering system requirements of Maryland.
B. When a vessel is moved to Maryland as the new state of principal use, a number awarded by another state shall be recognized as valid for 60 days before numbering issued by the Department is required.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.05 - Certificate of Number

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person required to secure a certificate of number under 33 CFR §
										173.15 as amended shall submit to the Department an application for certificate of number and the required fee.
B. The Department shall collect the information required by 33 CFR § 187 as amended.
C. Each certificate of number shall contain the information required by 33 CFR §
										174.19 as amended.
D. A vessel issued a Maryland certificate of number must be titled in Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.06 - Notification to Department

Current through Register Vol. 51, No. 14, July 12, 2024
A person whose name appears as the owner of a vessel on a certificate of number shall notify the issuing authority within 15 days of:
A. Any address change;
B. The theft or recovery of the vessel;
C. The loss or destruction of a valid certificate of number;
D. The transfer of full or partial interest in the vessel; and
E. The destruction or abandonment of the vessel.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.07 - Removal of Number

Current through Register Vol. 51, No. 14, July 12, 2024
The person whose name appears on a certificate of number as the owner of a vessel shall remove the number and validation sticker from the vessel when:
A. The vessel is documented by the Coast Guard;
B. Certificate of number is invalid under 33 CFR §
										173.77(c) as amended; or
C. Vessel is no longer principally used in the state where the certificate was issued.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.08 - Validity of Certificate of Number

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certificate of number issued by the Department is invalid after the date when:
(1) Vessel is documented or required to be documented under 46 CFR § 67 as amended; or
(2) The person whose name appears on the certificate of number as owner of the vessel, transfers all of his ownership of the vessel; or
(3) The vessel is destroyed or abandoned.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.09 - True Copies

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may supply true copies of applications for Certificates of Title or Certificates of Number to a vessel owner or his agent upon written application accompanied by a $10 fee for each true copy.
B. The Department may supply a statement of the history record on a boat to a vessel owner or his agent upon written application accompanied by a $5 fee.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.10 - Validation Stickers

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §F of this regulation, in order to use Maryland waters, a vessel numbered by the State shall display two validation stickers issued in accordance with the provisions of Natural Resources Article, §
									8-712.1, Annotated Code of Maryland.
B. The validation stickers expire December 31 of the year following issuance.
C. The color of the validation sticker shall represent the year the validation stickers expire, with red for stickers that expire in 2012, followed by blue, international orange and green in rotation.
D. If the validation stickers are defaced, lost, or destroyed, a sworn affidavit to that effect shall be filed within 15 days with the Department by the owner and application made for replacements. A service fee of $1 will be charged for the replacements.
E. One validation sticker shall be affixed to the vessel:
(1) On each side of the vessel; and
(2) Within six inches of the vessel number.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.03 - Certificate of Boat Number › Section 08.04.03.11 - Hull Identification Numbers

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hull identification number is the permanent identification for any vessel titled under the provisions of Natural Resources Article, §
									8-715, Annotated Code of Maryland.
B. The hull identification number shall be displayed on the vessel pursuant to 33 CFR §
										181.29 as amended.
(1) Carved, burned, stamped, embossed, molded, bonded, or otherwise permanently affixed so that alteration would be obvious;
(2) Primary hull identification number affixed to the starboard outboard side of the transom within two inches of the top of the transom, gunwale, or hull/deck joint, whichever is lowest;
(3) Duplicate hull identification number affixed in an unexposed location on the interior of the boat or beneath a fitting or item of hardware; and
(4) Characters must be no less than one-fourth of an inch high.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.06 - Marine Gathering Permits › Section 08.04.06.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meaning indicated.
B. Terms Defined.
(1) "Marina" means a facility for the mooring, docking, or storing of more than ten vessels on tidal navigable waters, including a commercial, noncommercial, or community facility.
(2) Marine Gathering.
(a) "Marine gathering" means an intentional congregation of at least 100 vessels in the waters of the State that, by its nature, circumstances, or location, creates extra or unusual hazards to life or property.
(b) "Marine gathering" does not include:
(i) A race, a regatta, a parade, an exhibition, or other marine event for which a permit is required by the United States Coast Guard;
(ii) A docking competition; or
(iii) Vessels docked or moored at a marina.
(3) "Permit" means a marine gathering permit issued in accordance with this chapter.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.06 - Marine Gathering Permits › Section 08.04.06.02 - Marine Gathering Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Permit Required.
(1) Except as provided in §A(2) of this regulation, an individual shall obtain a permit from the Natural Resources Police prior to sponsoring or holding a marine gathering.
(2) A permit is not required if the marine gathering will last less than 3 hours.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.07 - Boating Accidents › Section 08.04.07.01 - Report of Boating Accidents

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a person dies or disappears from a vessel as a result of an occurrence that involves a vessel or its equipment on the waters of the State, the operator without delay, shall notify the Department by the quickest means available of the following facts:
(1) The date, time, and exact location of the occurrence;
(2) The name of each person who died or disappeared;
(3) The number and name of the vessel; and
(4) The names and addresses of the owner and operator.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.08 - Boat Livery Operation › Section 08.04.08.01 - Boat Livery Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A livery boat owner or his agent or employee may not permit any boat to depart from his premises unless equipped, either by the livery owner or the person renting the boat, with the lifesaving and safety equipment required by the Natural Resources Article and regulations adopted subsequent to it.
B. Record.
(1) Livery boat owners shall keep a record of each boat rented. The record shall show the:
(a) Maryland number of the boat and horsepower of motor;
(b) Name and address of the persons renting and the number of persons on board at the time of departure;
(c) Date and time of departure and expected time of return; and
(d) Lifesaving and safety equipment on board, and by whom furnished.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.08 - Boat Livery Operation › Section 08.04.08.02 - Personal Watercraft Livery Operation

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to Regulation .01 of this chapter, personal watercraft livery operators shall:
(1) Prominently display the personal watercraft regulations in COMAR 08.18.02.
(2) Advise renters or operators to read COMAR 08.18.02.
(3) Within 30 days of the effective date of COMAR 08.18.02, add to the rental contract a statement that the renter or operator has read and understands the personal watercraft regulations. This statement shall be signed by the renter or operator, retained in the files of the livery operator for at least 30 days, and be made available to the Department upon request.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.08 - Boat Livery Operation › Section 08.04.08.03 - JetPack Livery Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to Regulation .01 of this chapter, a JetPack Vessel livery owner shall:
(1) Prominently display the jetpack vessel regulations in COMAR 08.18.40;
(2) Advise renters and riders to read COMAR 08.18.40 as applicable;
(3) Within 30 days of the effective date of COMAR 08.18.40, add to the rental contract a statement that the renter and rider have read and understand the jetpack vessel regulations; and
(4) Retain the statement signed by the renter and rider for at least 30 days and make it available to the Department upon request.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.08 - Boat Livery Operation › Section 08.04.08.04 - Prohibited Areas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Personal watercraft (PWC) and jetpack vessels owned or leased by a livery vessel owner operating in Worcester County may not operate:
(1) In the Atlantic Ocean and the Ocean City Inlet at any time. All of the waters east of a line beginning at a point at the west end of the Second Street seawall, at or near Lat. 38° 19.572'N., Long. 75° 5.473' W., then running 230° (True) to a point on the shore of Assateague Island, at or near Lat. 38° 19.445'N., Long. 75° 5.668' W.
(2) At any time in the following areas:
(a) Herring and Turville Creeks. All of the waters of Herring and Turville Creeks west of a line beginning at a point on the south shore of an unnamed gut, at or near Lat. 38° 21.711' N., Long. 75° 7.072' W., then running 26° (True) to a point on the north shore of the gut, at or near Lat. 38° 21.745' N., Long. 75° 7.051' W.; and south of a line beginning at a point on the east shore of Herring Creek, at or near Lat. 38° 21.964' N., Long. 75° 7.251' W., then running 272° (True) to a point on the west shore of Herring Creek, at or near Lat. 38° 21.971' N., Long. 75° 7.609' W.
(b) Manklin Creek and St. Martin River. All of the waters of Manklin Creek and St. Martin River west of a line beginning at a point on the south shore of Manklin Creek, at or near Lat. 38° 22.401' N., Long. 75° 7.481' W., then running 10° (True) to a point at the eastern corner of a bulkhead, at or near Lat. 38° 22.738' N., Long. 75° 7.406' W., then running 34° (True) to a point on the shore on the southwest side of Isle of Wight, at or near Lat. 38° 23.392' N., Long. 75° 6.838' W.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.09 - Boat Dealer License › Section 08.04.09.01 - Boat Dealer License

Current through Register Vol. 51, No. 14, July 12, 2024
A. License Application.
(1) A manufacturer or dealer may not conduct business in the State unless licensed as a Maryland boat dealer.
(2) A dealer with multiple locations in the State must secure a separate license for each location where sales activities take place.
(3) The annual license fee is $25.
(4) Applicant shall provide the information required by Natural Resources Article, §
										8-710(c), Annotated Code of Maryland.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.10 - Certificate of Title › Section 08.04.10.01 - Titling Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. Documents must identify vessel by at least the vessel number or hull identification number.
B. Required ownership transfer elements are purchaser's name, date of purchase, purchase price, and signature of all owners.
C. Any alteration or erasure on an original ownership transfer document invalidates the document.
D. The following documents are required to title a new vessel:
(1) Original manufacturer's certificate of origin; and
(2) Original certified bill of sale if any ownership transfer element is missing from the certificate of origin.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.10 - Certificate of Title › Section 08.04.10.02 - Taxable Value of Vessels

Current through Register Vol. 51, No. 14, July 12, 2024
A. Vessel excise tax is levied at the rate of 5 percent of the purchase price of a vessel.
B. The minimum vessel excise tax is $5.
C. Purchase price may be reduced by the value of any vessel traded to a licensed dealer as part of the consideration for the sale.
(1) Trade value shall be documented using the form provided by the Department.
(2) Value shall be calculated using one of the following methods:
(a) Average of BUC Book low and high retail;
(b) NADA average retail;
(c) 80 percent of a survey based on a physical inspection of the vessel occurring within the prior 180 days by a surveyor accredited by the Society of Marine Surveyors Inc. or certified by the National Association of Marine Surveyors Inc.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.10 - Certificate of Title › Section 08.04.10.03 - Mechanics Lien Title

Current through Register Vol. 51, No. 14, July 12, 2024
A. A mechanics lien is created under Commercial Law Article, §
									16-201 et seq., Annotated Code of Maryland, when:
(1) The Applicant, with the consent of the owner, has provided services or materials for a vessel;
(2) Charges are due and unpaid for 30 days; and
(3) The Applicant has possession of the vessel.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 04 - BOATING › Chapter 08.04.10 - Certificate of Title › Section 08.04.10.04 - Disposal Title

Current through Register Vol. 51, No. 14, July 12, 2024
A. A lienor under Commercial Law Article, §
									16-201 et seq., Annotated Code of Maryland, may apply for a title for purposes of disposal. Minimum vessel excise tax of $5 will be assessed.
B. Lienor must declare and affirm under penalty of perjury that lienor seeks title for purposes of removal and that the vessel will be destroyed within 90 days of issuance of disposal title.
C. Lienor must provide evidence that vessel has been destroyed.
D. Lienor accepts responsibility for the difference between the minimum vessel excise tax and tax on the total charges claimed in the mechanics lien transaction should the Department subsequently learn that vessel was not destroyed as required.
E. Vessel will be identified as "destroyed" in the permanent records of the Department.