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Maryland

West's Annotated Code of Maryland. Natural Resources. Title 10. Wildlife. Subtitle 9. Captive Wildlife. 10-901. Legislative findings

Statute Details
Printable Version
Citation: MD NAT RES 10-901 - 911

Citation: Md. Nat. Resources Code Ann. 10-901 - 911


Last Checked by Web Center Staff: 01/2014

Summary:   This Maryland statute states that it is in the state's public interest to preserve native species by strictly regulating the possession, importation, exportation, breeding, raising, protection, rehabilitation, hunting, killing, trapping, capture, purchase, or sale of certain wildlife which pose a possibility of harm to native wildlife.


Statute in Full:

 
 § 10-901. Legislative findings

 § 10-902. Permits and licenses relating to native wildlife

 § 10-903. Regulations relating to non-native wildlife

 § 10-904. Coordination with federal, local governments

 § 10-905. Game husbandry licenses

 § 10-906. Regulated shooting grounds permits

 § 10-907. Falconry permits

 § 10-908. Wildlife cooperator permits

 § 10-909. Scientific collection permits

 § 10-910. Captive Wildlife Advisory Committee

 § 10-911. Suspension or revocation of licenses, permits, or certificates

 

§ 10-901. Legislative findings

 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.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990.

 


§ 10-902. Permits and licenses relating to native wildlife

In general

(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.

Regulations

(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.

Fees

(c) The Secretary shall charge a reasonable fee for each permit or license.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990.

 

§ 10-903. Regulations relating to non-native 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.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990.

 

§ 10-904. Coordination with federal, local governments

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.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990.

 


§ 10-905. Game husbandry licenses

 Issuance of license

(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.

Removal of game bird or mammal raised in captivity

(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.

Recordkeeping requirements

(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.

Birds or mammals intended for consumption

(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.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990.

 


§ 10-906. Regulated shooting grounds permits

Permit required to operate shooting grounds

(a) Any person desiring to establish and operate a regulated shooting ground shall first obtain a permit from the Department.

Reasonable prior public interest

(b)(1) The Department may issue a regulated shooting ground permit on payment of a reasonable fee and after determining that the establishment and operation of it does not conflict with any reasonable prior public interest.

(2) The Department may not issue a new permit for a regulated shooting ground to an existing permit holder unless the report required under subsection (c)(2) of this section has been filed.

(3)(i) As part of the application for a regulated shooting ground permit, a person may apply to the Department for authorization to allow hunting on Sunday as provided under § 10-410(a)(2)(iii) of this title.

(ii) The Department shall ensure that all requirements and conditions of applicable law and regulations are met and that issuance of the authorization will not have an adverse impact on the conservation of native game species or to the public interest.

Reporting requirements

(c)(1) The Department, by regulation, shall govern and prescribe the size of the area, the method of hunting, the open and closed seasons, the release, possession, and use of propagated wildlife, and any reports the Department deems necessary.

(2) The Department shall require each person holding a regulated shooting ground permit to file a report with the Department, on forms provided by the Department, by April 30 of each year for the most recently concluded hunting season. The report shall include:

(i) The number and species of captive raised birds that have been released, killed, or recaptured on the regulated shooting ground each day;

(ii) The number and species of all wild waterfowl that have been killed on the regulated shooting ground excluding any of the captive raised birds listed in subparagraph (i) of this paragraph;

(iii) An estimate of how many captive raised birds by species were released and not captured; and

(iv) Any outbreaks of avian influenza or other diseases in the captive raised birds raised, released, or captured on the regulated shooting ground.

(3) The permittee shall maintain records of the number and species of captive raised birds purchased, the date on which they were purchased, and the name and address from whom they were purchased. These records shall be retained for 12 months from the date of the transaction.

(4) The permittee shall report unusual death or sickness of captive raised birds immediately to the nearest Maryland Department of Agriculture animal health laboratory, and transport dead and sick captive raised birds to the nearest Maryland Department of Agriculture animal health laboratory for diagnostic examination.

(5) The permittee shall allow the Department or the Department's representative to inspect:

(i) Those records required to be maintained under paragraphs (2) and (3) of this subsection; and

(ii) All hatcheries, equipment, and facilities used for rearing and holding captive raised birds.

(6) The permittee shall allow the Department or the Department's representative to:

(i) Collect environmental samples from all hatching, rearing, and holding facilities;

(ii) Culture or biochemical test these samples for the presence of avian diseases; and

(iii) Test a sample of captive raised birds from the permittee's flock. The permittee shall provide the Department captive raised birds for testing at no cost to the Department as the Department deems necessary.

License required to hunt on shooting ground

(d)(1) Any person desiring to hunt on any regulated shooting ground shall first obtain a special license. However, a person holding a resident or nonresident hunter's license may not be required to obtain the license prescribed by this section.

(2) The license shall bear the signature of the Secretary and shall be countersigned by the issuing agent who at the same time shall fill out a stub attached to the license with the name and address of the licensee. The agent then shall detach the stub and mail it to the Secretary the first day of each month. The agent shall retain 50 cents as compensation for issuing each license. The agent shall deliver the properly executed license to the applicant in person or by mail without further cost. The licensee shall insert the licensee's name in ink on the license at the time of purchase.

(3) The Department shall charge a reasonable fee for the purchase of a special license.

(4) The license shall expire on June 30 after the date of issuance.

(5) The license is not transferable and if used or presented by any person other than the person to whom it was issued, the license shall be confiscated by the Secretary, any Natural Resources police officer, or any law enforcement officer.

Terminated

(e) Terminated.

Violations; fines and penalties

(f)(1) For the purposes of this subsection a second or subsequent conviction is a violation that has occurred within 2 years and that arises out of a separate set of circumstances.

(2) In addition to any other penalty provided by the provisions of this title, if a person who holds a permit to establish and operate a regulated shooting ground under this section or any other guest of that person is convicted of violating on the premises of the regulated shooting ground a provision of State or federal law or regulation that establishes daily or seasonal bag limits, prohibits baiting, or prohibits the hunting of wetland game birds on a regulated shooting ground by the use or aid of live birds as decoys, the Secretary shall suspend the permit:

(i) For the first conviction, for the following permit year; and

(ii) For the second or subsequent conviction, for the following 2 permit years.

New permit restriction

(g) If a regulated shooting ground permit is suspended, a new permit may not be issued for that regulated shooting ground, regardless of who applies, until the period of suspension ends.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1988, c. 462; Acts 1990, c. 6, § 2, eff. Feb. 16, 1990; Acts 1991, c. 55, § 1; Acts 1991, c. 359, §§ 1, 2; Acts 1992, c. 22, § 1; Acts 1994, c. 500, §§ 1, 2, eff. July 1, 1994; Acts 1995, c. 513, § 1, eff. Oct. 1, 1995; Acts 2001, c. 29, § 1, eff. April 10, 2001.

 

§ 10-907. Falconry permits

In general

(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.

Permit qualifications

(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.

Regulations

(c) The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.

Hunting game birds or mammals

(d) The birds authorized under this permit shall be used only for the sport of hunting game birds or mammals during the open season.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990.

 

§ 10-908. Wildlife cooperator permits

Permit required to assist Department in control of wildlife

(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 cooperator permit from the Secretary.

Issuance of permit

(b)(1) The Secretary may issue a wildlife cooperator 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.

Species designation

(c) The Secretary may designate in the permit the species and numbers of wildlife authorized to be possessed and the disposition of the wildlife.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990.


§ 10-909. Scientific collection permits

Permit required to collect 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.

Issuance of permit

(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.

Regulations

(c) The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.

Permit expiration

(d) The permit:

(1) Shall expire December 31 of the issuing year; and

(2) May not be transferred to another person.

Voiding a permit

(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.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb 16, 1990.

 

§ 10-910. Captive Wildlife Advisory Committee

In general

(a) There is a Captive Wildlife Advisory Committee. It shall be composed of 7 members appointed by the Director of the Forest, Park and Wildlife Service.

Composition of Committee

(b) Of the 7 Committee members:

(1) 1 shall be a representative of the pet industry;

(2) 1 shall be a falconer;

(3) 1 shall be a representative of the shooting preserve industry;

(4) 1 shall be a representative of the game breeding industry;

(5) 1 shall be a representative of a humane society or like organization; and

(6) 2 shall be members of the general public.

Term

(c) The term of a member is 3 years. The terms of the members are staggered. The terms of the initial appointees expire as follows:

(1) 1 member representing the general public, the member representing the pet industry, and the falconry member after 3 years;

(2) 1 member representing the general public, the member representing the game breeding industry, and the member representing a humane society or like organization after 2 years; and

(3) The member representing the shooting preserve industry after 1 year.

Appointment of successor

(d) At the end of a term, a member continues to serve until a successor is appointed.

Duration of successor’s term

(e) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed.

Chair and vice chair of Committee

(f) From among its members, the Director shall designate a chairman and a vice chairman of the Committee.

Time and place of meetings

(g) The Committee shall meet at the times and places that the Committee determines.

Compensation or reimbursement for expenses

(h) A member of the Committee:

(1) May not receive compensation; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, [FN1] as provided in the State budget.

Duties of Committee

(i) The Committee shall:

(1) Review pertinent proposed regulations and give recommendations and comments to the Director; and

(2) Advise the Director on other matters relating to captive wildlife.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1986. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990.

[FN1] COMAR 23.02.01.01 et seq.

 

§ 10-911. Suspension or revocation of licenses, permits, or certificates

In general

(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.

Contraband subject to seizure

(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.

CREDIT(S)

Added by Acts 1986, c. 805, § 1, eff. July 1, 1968. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990; Acts 1994, c. 500, § 1, eff. July 1, 1994.

 



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