Sources: Annotated Code of Maryland, 1989 Replacement Volume, Natural Resources Article, Titles 1, 4, 9 and 10; 1992 Cumulative Supplement.
STATE WILDLIFE POLICY
The General Assembly finds that: it is the policy of the state to conserve species of fish and wildlife for human enjoyment and scientific purposes, and to insure their perpetuation as viable components of ecosystems; species of fish and wildlife normally occurring within the state found to be threatened or endangered within the state should be accorded protection to maintain and enhance their numbers; the state should assist in the protection of fish, wildlife and plants determined to be threatened or endangered elsewhere pursuant to the Endangered Species Act by prohibiting their taking, possession, transportation, exportation, processing, sale or shipment within the state of endangered species and by carefully regulating these activities with regard to threatened species. Exceptions to these prohibitions for the purpose of enhancing species conservation may be permitted as set forth (10-2A-02).
The General Assembly finds that it is in the public interest to insure the conservation, preservation and condition of wildlife native to Maryland, 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: harmful competition to native wildlife; introduction of a disease or harmful pest; problems of enforcing wildlife laws and regulations; threatening native wildlife or other natural resources (10-901) (See also Import, Export and Release Provisions under HUNTING, FISHING, TRAPPING PROVISIONS.) [An overall natural resources environmental protection statement of policy covering all Natural Resources Department agencies, and environmental protection duties thereof, appears in 1-302.]
PROTECTED SPECIES OF WILDLIFE
Except for unprotected birds and game birds hunted during open season, a person may not hunt, destroy or possess a wild bird. Except for the sale of captive-bred birds of prey, person may not sell, purchase, barter or exchange, or offer, the plumage, skin or body of nongame bird, nor possess a game bird for sale, whether caught within or without the state. A person may not take or destroy or attempt to do so, the nest or eggs of a wild bird, or possess same, nor hunt or take nest or egg of birds regulated under the Migratory Bird Treaty Act, except in the manner and by the means prescribed by USDI regulations, except for scientific purposes under a USDI permit and a Department certificate (10-401 and -402).
The Secretary shall conduct investigations of fish and nongame wildlife to develop information on population, distribution, habitat needs, limiting factors and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations the Secretary shall issue proposed regulations and develop conservation programs. The Secretary shall conduct ongoing investigations of nongame wildlife, and by regulation, shall adopt limitations on taking, possession, transportation, exportation, processing, sale or shipment to conserve fish and nongame wildlife. Except as otherwise provided, a person may not take, possess, transport, export, process, sell or ship fish or nongame wildlife in need of conservation, nor may a common or contract carrier knowingly transport or receive such for shipment (4-2A-03 and 10- 2A-03).
There are both a state Endangered Species of Fish Conservation Act and a Nongame and Endangered Species Conservation Act (4-2A-01 et seq. and 10-2A-01 et seq.). A species endangered or threatened pursuant to the federal Endangered Species Act shall be deemed an endangered or threatened species. The Secretary may determine that a threatened species is endangered throughout all or a portion of its range within the state. In addition, the Secretary, by regulation, shall determine whether a species normally occurring within the state is endangered or threatened due to any of the following factors: the present or threatened destruction, modification or curtailment of its habitat or range; overutilization for commercial, sporting, scientific, educational or other purposes; disease or predation; inadequacy of existing regulatory mechanisms; other natural or manmade factors affecting its continued existence within the state. In determining whether a species is endangered or threatened, the Secretary shall take into consideration actions by the federal government, other states, other agencies of this state, or by a person which may affect the species. Except with respect to species determined to be endangered or threatened herein, the Secretary may not add a species to nor remove a species from any list published unless the Secretary first: publishes a public notice of the proposed action; furnishes notice of the proposed action to the Governor of any state sharing a common border with the state and in which the subject species is known to exist; allows at least 30 days following publication for comment from the public and other interested parties. If the Department determines that an emergency situation exists involving the continued existence of the species, the Department may add the species to the lists, if it publishes a public notice of such emergency situation with a summary of facts supporting this determination. The Secretary shall adopt regulations containing a list of all endangered and threatened species normally occurring within the state, and specifying over what portion of its range it is endangered or threatened. For a species of fish that the Secretary has determined endangered or threatened, and on which the Secretary has declared a moratorium on catching, sale or possession, the Secretary shall make an annual status report to the General Assembly and the Governor, containing: field studies on spawning stock size; measurement of egg deposition on spawning grounds; measurements of mortality rates of fish eggs, larvae and juveniles on spawning grounds, nursery areas and spawning rivers; bioassays on eggs and larvae collected from spawning fish; measurements of heavy metals, PCBs, acid rain leachates, sediments and other distresses to the habitat; studies on acid rain, studies on the role of fish diseases, trend analyses and recommendations for future management actions and a recommendation to continue for one year or to discontinue the moratorium (4-2A-04 and 10- 2A-04).
Except for endangered or threatened species pursuant to the Endangered Species Act, the Secretary, upon the petition of an interested person, shall conduct a review of listed or unlisted species proposed to be removed from or added to the lists published, if the Secretary publishes public notice that the person has presented substantial evidence which warrants a review. When a species is listed as threatened within the state, the Secretary shall adopt regulations to provide for its conservation, and may prohibit any act as follows. Except as otherwise provided, with respect to an endangered species, a person may not: export the species from the state; take the species within the state; possess, process, sell or transport; violate a regulation pertaining to the species' conservation or to a threatened species listed and adopted by the Secretary. Except as otherwise provided, with respect to an endangered species of fish, wildlife, or plant, a person may not: export the species; possess, process, sell, transport or ship the species by any means; violate a regulation pertaining to the species or to any threatened species. An endangered species of fish or wildlife which enters the state from another state or from a point outside the US and which is transported to a point within or beyond the state may enter and be transported in accordance with the terms of a federal or other state permit. The Secretary may permit any act otherwise prohibited herein for scientific purposes or to enhance the propagation or survival of the affected species, and after January 1, 1990, for aquaculture involving the affected fish species in nontidal ponds, lakes or impoundments (4-2A-05 and 10- 2A-05). These provisions do not prohibit importation into the state of fish or wildlife which may be lawfully imported into the US or lawfully taken and removed from another state, or entry into the state or possession, transportation, exportation, sale or shipment of fish or wildlife designated an endangered or threatened species in this state but not in the state where originally taken, if the person presents substantial evidence that the fish or wildlife was lawfully taken and removed from the origin state. This section does not permit the possession, transportation, sale or shipment within the state of fish or wildlife species listed pursuant to the Endangered Species Act (4-2A-08 and 10-2A-08). Special provisions may apply to striped bass or rockfish, including hybrids, if listed as threatened or endangered, or if raised in aquaculture facilities as specified (4-2A-08). (See also Agency Funding Sources under STATE FISH AND WILDLIFE AGENCIES and ENFORCEMENT OF WILDLIFE LAWS.) The Department shall prepare a comprehensive management plan for harvesting striped bass or rockfish, white perch and yellow perch including sustainable harvest rates and indicators that would trigger tightening or loosening of harvest restrictions, and shall present this plan to legislative committees for review, along with recommendations for legislation, or other regulation (4-2A-05.2 and -06). The Department shall adopt regulations allowing the catching of hybrids of striped bass under certain conditions in freshwater impoundments as long as, during the time a moratorium on the taking and sale of striped bass is in effect under the Endangered Species of Fish Conservation Act, the regulations also prohibit the sale of the hybrids of striped bass caught under the authority of the regulations (4-2A-08.1).
A person may not enter a state wildlife refuge without the Department's consent or that of the person in charge of an area, nor allow dog, domestic stock, or poultry to enter. The Department may grant a special permit, subject to revocation at any time, to a person regularly residing thereon to have trap, dog or gun on the refuge; however these may not be used in hunting wildlife unless under permit for propagating purposes. The Department by written permission may grant the right to hunt for vermin and use dog and gun on state wildlife refuges, and to hunt wildlife to be used for propagation purposes (10-807). (See HABITAT PROTECTION.)
HABITAT PROTECTION
Consistent with license requirements issued by the Federal Energy Regulatory Commission, a person who owns or operates a dam on state waters used for the generation of electric power and the Secretary shall cooperate to assure the release of a sufficient flow of impounded water to maintain both water quality and aquatic habitat below the obstruction (4-513). An obstruction may not be placed at the mouth of a creek, cove or inlet or across a stream so as to prevent fish free passage unless fish ladders are maintained (4-501). Every owner of a dam on state waters shall construct and keep repaired at least one fish ladder if the Department deems it necessary. Every fish ladder shall be constructed to allow anadromous fish free passage at all times. A person intending to build a dam shall file an application with the Department containing sufficient information to enable it to make a decision on the necessity of a fish ladder and to approve the plans for same. If the dam owner entered into an agreement prior to 1955 to pay the state an annual periodic sum instead of being required to erect a fish ladder, such provisions remain in effect. The amount of money paid to the state each year may not be less than 4 l/2% of the estimated cost to erect the ladder, but may not exceed $4,000 per year. Money paid to the Department shall be used to manage, rear and distribute the fish placed in the water and to acquire a facility for these purposes. Funds from dams across certain waters shall be credited to the Fisheries Management and Protection Fund. On application of the Department, the circuit court for any county, sitting in equity, may enforce by injunction a provision herein. The Department shall investigate every violation of this section, and serve notice in writing requiring the violator to make or repair the fish ladder, and specifying the penalty for failure to act within a time limit. Notice violation is a misdemeanor; fine up to $300; jail up to three years; or both. Each day of violation is a separate offense (4-501 and - 502).
The Secretary shall establish programs, including acquisition of land or aquatic habitat or interests therein for the conservation of nongame, threatened or endangered species of fish, wildlife or plants, and shall use all vested authority to carry out these provisions. The Secretary shall consult with the State Secretary of Agriculture and other states having a common interest in particular species of nongame, endangered or threatened species, and may enter into agreements with federal agencies, other states or individuals to conserve such species, including agreements for administration and management for conservation of nongame, endangered or threatened species. The Governor shall review other state programs and utilize same in furtherance of these purposes. All state departments and agencies, in consultation with the Secretary, shall utilize their authorities in furtherance of these purposes by carrying out programs for the conservation of state endangered and threatened species, and insure that actions authorized, funded or carried out by them do not jeopardize the continued existence of the species or result in the destruction or modification of habitat deemed critical (4-2A-06 and 10- 2A-06). (See also PROTECTED SPECIES OF WILDLIFE.)
After 1990, the Department shall use funds generated by the increase in fees charged for certain resident hunting licenses only for feeding state game birds and mammals. The Department may enter into contracts with state farmers to reimburse for planting and leaving grains, grasses and legumes, including clover, alfalfa and soybeans, unharvested in the fields in order to provide feed for state game birds and mammals (10-301).
To encourage waterfowl conservation on private lands, the Department shall implement a ten- year licensing agreement for projects on privately owned lands detailing the landowner's responsibilities. Expenditures by private landowners on private land for these waterfowl projects approved by the Department and covered by the licensing agreement shall be considered a contribution to the state. The Governor shall appoint an advisory committee of 13 members, including 9 who have a practical knowledge in raising wild ducks and 4 who have a practical knowledge of waterfowl habitat conservation. The committee shall advise the Department of: the propagation or purchase and distribution of mallard or other ducks to be released; Department regulations to effectuate this program; waterfowl habitat conservation projects (10- 308.1).
The Department may acquire, by purchase, lease, condemnation or gift, title or control of state land or water suitable to protect, propagate or manage wildlife or for hunting purposes, such areas to be known as wildlife management areas. The Department may purchase or erect structures for wildlife management and may purchase or lease land or water excluding the ownership of and the right to drill any mineral, oil or gas. The title to land or water acquired shall be taken in the state's name for the Department and the entire control of the area shall be under the state's direction. The Secretary may expend from the Wildlife Management and Protection Fund amounts to purchase or condemn such areas. The Department may, if the Governor consents, exchange land or water for privately owned land or water equal to or greater in value than the area exchanged and adapted for wildlife refuge and management, or sell a Department-owned area to the highest bidder. Acquired land or water may be used to create and maintain state wildlife refuges, and for wildlife management and hunting grounds. The Department may cut and remove and sell or permit cutting and selling of timber on such lands, the proceeds to be credited to the Wildlife Management and Protection Fund, and may appoint caretakers and grant rights-of-way, if such does not affect adversely wildlife protection, management and propagation. The Department may establish and maintain state wildlife refuges where wildlife may not be hunted, disturbed or molested, and upon the consent of the Governor and the superintendent in charge, may locate a wildlife refuge on federal or state-owned land or water. Boundaries of each wildlife refuge shall be clearly marked and posted "State Wildlife Refuge - Hunting Unlawful" (10-801 through -805).
A person who owns/controls land or water who desires to have it set aside for a refuge may apply to the Department giving a description of the area, a map, nature of area, and the location of improvements. The Department may examine the area and determine if it is suitable for wildlife protection and management, and if so, the person shall sign a lease, vesting the state with every hunting right in the area, and providing that the owner and family or agents or other persons may not hunt on the area, and that the person will make every effort to protect the refuge from forest fires, hunting or a violation of state conservation laws. The lease agreement shall continue in force for at least five years. The Department or the owner may rescind any lease upon 90-day notice by any party (10-806). (See also PROTECTED SPECIES OF WILDLIFE.)
In order to aid the relief of crop depredations and to provide further protection to wild waterfowl, a person or group, individually or collectively, may apply to the Department for a license to feed waterfowl upon land owned or operated by the person or group, or in waters within 300 yards of a shoreline so owned or operated, in accordance with policies and guidelines herein and regulations adopted by the Secretary. It is the purpose of this subtitle to encourage the placement of feed to supplement the dwindling supply of natural feed available to wild waterfowl and to regulate feeding so that it is not a means of attracting wild waterfowl to, on or over hunting areas [details of applications provided]. The Department may refuse to issue a license if shooting blinds on the applicant's or adjacent property are so placed in relation to the feeding zones that wild waterfowl would have to pass within shooting range of hunters, or it may cancel a license. A licensee may not establish a feeding zone within 400 yards of a building or exterior property line without permission from the adjoining land owner [other details of location on or offshore are given]. Within 10 days of notice of license approval, each zone shall be marked with signs and prior to the opening of the waterfowl hunting season, each licensed shooting blind shall be posted. Every club member, guest and permittee of the applicant is presumed to have knowledge of the location of a feeding zone where shooting is prohibited. Feeding shall commence on and continue through the date the Secretary designates. Prior to hunting season, feeding may be done anywhere on the licensed area, if all food put out other than in the designated feeding zone is consumed or removed at least 10 days prior to the season opening date. After that time, feed may only be placed in the designated feeding zones. Feeding does not include salt blocks, properly shucked corn, standing crops including aquatics, or grains scattered solely as a result of normal agricultural practices. Hunting is not allowed within 400 yards of a licensed feeding zone, but dead or crippled birds may be retrieved within that area. A person may not shoot or hunt from any site in the licensed area except the licensed shooting blinds. Violation by the licensee or an agent or guest is grounds for immediate feeding license revocation. A blind located within 200 yards of any licensed feeding zone shall be rendered incapable of use. The licensee shall submit reports as required. Licensed areas shall be open to inspection at all times by Department or USFW representatives. If defects are found in license compliance, the licensee shall be given written notice and five days to make the necessary changes. If, upon a second inspection, the requirements have not been met, the license may be revoked. Licensees shall be advised in writing of the findings and results of every inspection. Counties, cities and federal and state agencies are authorized to feed without such license. A person may feed wild waterfowl without applying for or obtaining a license in an area where waterfowl hunting is not done or contemplated, or if such hunting is done, the feeding shall cease and all food put out shall have been consumed or removed at least 10 days prior to the opening of the waterfowl season and the feeding may not be resumed until one day after the season's close (10-1002 through -1008).
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New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
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