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Statutes Text

Article - Natural Resources




§10–301.    IN EFFECT

    (a)    In this section, “child” includes:

        (1)    Foster child;

        (2)    Foster grandchild;

        (3)    Grandchild;

        (4)    Stepchild; and

        (5)    Stepgrandchild.

    (b)    (1)    To provide a fund to pay the expense of protecting and managing wildlife, and preventing unauthorized persons from hunting them, a person may not hunt or attempt to hunt during open season and in any permitted manner any game birds and mammals in the State without first having procured either a resident or nonresident hunter’s license.

        (2)    A person may not hunt or attempt to hunt nongame birds and mammals in Baltimore County without first obtaining a license.

        (3)    A permanent resident of a government reservation may obtain a resident hunter’s license.

    (c)    (1)    Except as provided in paragraph (2) of this subsection, the following persons are not required to obtain a hunter’s license, bow and arrow stamp, black powder stamp, or bonus antlered deer stamp:

            (i)    With respect to hunting on farmland only:

                1.    The resident owner of the farmland and the owner’s spouse, child, and child’s spouse;

                2.    A tenant and the tenant’s spouse, child, and child’s spouse. A tenant is a person holding land under a lease, or a sharecropper who resides in a dwelling on the land, but a tenant does not include any employee of the owner or tenant; and

                3.    A nonresident owner of a parcel of farmland and the owner’s spouse, child, and child’s spouse if:

                A.    The parcel of farmland is located in Maryland and an adjacent state;

                B.    The owner’s primary residence is on the parcel of farmland; and

                C.    The adjacent state extends similar privileges to a resident of Maryland;

            (ii)    Any resident serving in the armed forces of the United States while on leave in the State, during the resident’s leave period, if, while hunting, the resident possesses a copy of the resident’s official leave order;

            (iii)    Any person serving in the armed forces of the United States who has a service–connected disability, if, while hunting, the person possesses valid military identification; and

            (iv)    Any unarmed person participating in an organized foxhunt.

        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, in order to qualify for the license and stamp exemption in accordance with paragraph (1) of this subsection, a child or child’s spouse must be eligible to purchase a junior resident or junior nonresident hunting license.

            (ii)    If a child or child’s spouse is ineligible to purchase a junior resident or junior nonresident hunting license, the child or child’s spouse shall qualify for the license and stamp exemption if the child or child’s spouse:

                1.    Lives on the farmland;

                2.    Worked on the farmland for 30 or more days during the prior 12–month period; or

                3.    Manages the farmland.

        (3)    (i)    In this paragraph, “armed forces” includes the U.S. Coast Guard and the U.S. Merchant Marine.

            (ii)    Subject to subparagraph (iii) of this paragraph, a person who is a retired former member of the armed forces of the United States is not required to obtain a hunting license to hunt on farmland that is:

                1.    In active farming status; and

                2.    Owned by the person or the person’s spouse, child, child’s spouse, parent, grandparent, sibling, niece, or nephew.

            (iii)    A person who hunts on farmland without a hunting license under this paragraph shall possess:

                1.    The retired–military identification card of the person;

                2.    Written permission from the owner of the farm property to hunt on the property that includes:

                A.    A specified period of time that the person is authorized to hunt on the property; and

                B.    The relationship of the person to the owner of the property; and

                3.    Any required hunting stamps.

    (d)    A person who wishes to obtain a hunting license shall complete and submit an application to the Department or to any person designated by the Department to issue a hunting license.

    (e)    An applicant for a license issued under this section shall provide all the information required by the Department, including the last four digits of the applicant’s Social Security number, if the applicant has a Social Security number.

    (f)    Before a hunting license may be issued the applicant for the license shall
acknowledge, as a component of the application, that a hunting license does not of itself permit an individual to hunt on private property.

    (g)    (1)    There shall be the following types of hunting licenses in the State:

            (i)    A resident hunting license that enables the purchaser to hunt all legal game birds and mammals during any appropriate season in Maryland without the purchase of additional stamps, unless the purchaser is hunting migratory game birds or deer during bow and arrow season or black powder season. To hunt migratory game birds the purchaser must also buy a Maryland migratory game bird stamp and to hunt wild waterfowl the purchaser must buy both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp. To hunt deer during bow and arrow season and black powder season the purchaser must also purchase a bow and arrow or black powder stamp.

            (ii)    A nonresident hunting license that enables the purchaser to hunt all legal game birds and mammals during any appropriate season without the purchase of additional stamps unless the purchaser is hunting migratory game birds or deer during bow and arrow season or black powder season. This license enables the purchaser to hunt migratory game birds only with the purchase of a Maryland migratory game bird stamp and to hunt wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp. This license enables the purchaser to hunt deer during bow and arrow season and black powder season only with the purchase of a nonresident bow and arrow or black powder stamp.

            (iii)    A nonresident 3–day hunting license that enables the purchaser to hunt all legal game birds and mammals except deer and turkey for the 3 consecutive legal hunting days in a single season that are specified on the license by the issuing agent. The purchaser must also purchase a Maryland migratory game bird stamp to hunt migratory game birds and a federal migratory bird hunting and conservation stamp to hunt wild waterfowl with this license. Under no circumstance does this license authorize the purchaser to hunt deer and turkey.

            (iv)    1.    An apprentice hunting license that enables the purchaser to hunt all legal game birds and mammals in a single season without the purchase of additional stamps unless the purchaser is hunting migratory game birds or deer during bow and arrow season or black powder season. This license enables the purchaser to hunt migratory game birds only with the purchase of a Maryland migratory game bird stamp and to hunt wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp. This license enables the purchaser to hunt deer during bow and arrow season and black powder season only with the purchase of a bow and arrow or black powder stamp.

                2.    A.    A person may obtain an apprentice hunting license on satisfactory completion of a short online or electronic course of instruction in competency in firearms and hunter safety approved by the Department.

                B.    A person may hunt under an apprentice hunting license only if accompanied and directly supervised by another person who is at least 18 years of age and possesses a valid resident nonapprentice hunting license issued under this subtitle.

                C.    A person who accompanies and directly supervises an apprentice hunting licensee shall maintain close visual and verbal contact with, provide adequate direction to, and be in a position to immediately assume control of the firearm of the apprentice hunting licensee.

                3.    Except for a person participating in a junior hunt approved by the Department, an apprentice hunting licensee who has obtained a certificate of competency in firearms and hunter safety under § 10–301.1 of this subtitle may hunt without supervision.

                4.    An apprentice hunting license:

                A.    May be issued to a person only once in the person’s lifetime;

                B.    May not be renewed; and

                C.    May not be issued to a person who has previously been issued any hunting license under this subtitle.

        (2)    Residents may purchase a senior hunting license beginning in the calendar year in which they attain the age of 65.

        (3)    A nonresident of any age must purchase either a nonresident hunting license or a nonresident 3–day hunting license to hunt in the State.

        (4)    Subject to paragraph (6) of this subsection, the fees for hunting licenses are according to the following schedule:

            (i)    Resident, junior, under the age of 16 years     $ 10.50

            (ii)    Resident, regular, at least 16 years old and under the age of 65 years.............................................................................................................. $ 24.50

            (iii)    Resident, senior, at least 65 years old     $ 5.00

            (iv)    Nonresident, regular, at least 16 years old     $ 130.00

            (v)    Nonresident, junior, under the age of 16 years     $ 65.00

            (vi)    Complimentary license authorized to be issued under § 10–303 of this subtitle............................................................................................ No fee

            (vii)    Nonresident 3–day hunting license     $ 45.00

            (viii)    Resident apprentice     $ 10.00

            (ix)    Nonresident apprentice     $ 20.00

        (5)    The fees for individual hunting stamps are according to the following schedule:

            (i)    Bow and arrow stamp     $ 6.00

            (ii)    Nonresident bow and arrow stamp     $ 25.00

            (iii)    Black powder stamp     $ 6.00

            (iv)    Nonresident black powder stamp     $ 25.00

            (v)    Maryland migratory game bird stamp     $ 9.00

            (vi)    Resident bonus antlered deer stamp     $ 10.00

            (vii)    Nonresident bonus antlered deer stamp for each type of deer hunting season ……………..     $ 25

        (6)    The Department shall establish a program to provide discounted hunting licenses and any associated State–issued stamps or permits to Maryland residents who are recipients of the Purple Heart Award.

    (h)    (1)    The person designated to sell the hunting licenses and individual hunting stamps shall issue the hunting licenses and individual hunting stamps and collect the fee prescribed in subsection (g) of this section.

        (2)    The designated person who sells and issues the hunting licenses and individual hunting stamps shall retain as compensation 75 cents for each resident senior hunting license and individual hunting stamp sold and issued and shall retain as compensation $1.50 for each resident junior, nonresident junior, resident regular, nonresident regular, nonresident senior, and nonresident 3–day hunting license sold and issued.

    (i)    A hunting license shall be valid for the period August 1 through July 31, of each year.

    (j)    The licensee shall electronically or physically sign the hunting license at the time the licensee obtains the hunting license. It may not be transferred to any other person.

    (k)    Upon issuing any hunting license, the Department shall furnish the licensee with a list of the names and addresses of every general hospital in the State which offers emergency medical treatment.

    (l)    When the Department has adequate computer capability, the Department shall compile statistics after the close of the hunting season each year concerning the sale of hunting licenses for the previous season, including the names, addresses, counties of residence, and ages of the persons who purchased the hunting licenses and the types of hunting licenses sold.

    (m)    Repealed.

    (n)    The Department may enter into contracts with farmers in the State to reimburse the farmer for planting and leaving grains, grasses, and legumes, including clover, alfalfa, and soybeans, unharvested in the fields in order to be used to provide food or cover for any upland game birds and mammals and wetland game birds in the State.

    (o)    (1)    In this subsection, “Fund” means the Upland Wildlife Habitat Fund.

        (2)    There is an Upland Wildlife Habitat Fund in the Department.

        (3)    The purpose of the Fund is to facilitate the implementation and management of upland habitat programs.

        (4)    The Department shall administer the Fund.

        (5)    (i)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

            (ii)    The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

        (6)    The Fund consists of:

            (i)    Voluntary contributions made to the Fund at the time of purchase of a hunting license under this section;

            (ii)    Any other donations made to the Fund; and

            (iii)    Any investment earnings of the Fund.

        (7)    (i)    The Fund may be used only for:

                1.    Providing cost–share assistance to landowners for planting upland wildlife habitat;

                2.    Providing matching funds to acquire grant funding for upland wildlife habitat programs;

                3.    Hiring contractual staff to implement upland wildlife habitat programs in the State;

                4.    Promoting the Fund and upland wildlife habitat programs; and

                5.    Covering administrative costs calculated in accordance with § 1–103(b)(2) of this article.

            (ii)    The Secretary may prioritize the duties under subparagraph (i) of this paragraph to maximize the effectiveness of upland wildlife habitat programs.

            (iii)    A designated person who sells hunting licenses under this section and who also collects donations for the Fund may retain as compensation 10% of each donation the person receives.

        (8)    (i)    The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

            (ii)    Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

        (9)    Expenditures from the Fund may be made only in accordance with the State budget.

§10–301.    // EFFECTIVE JUNE 30, 2020 PER CHAPTERS 461, 462, AND 463 OF 2017 //

    (a)    In this section, “child” includes:

        (1)    Foster child;

        (2)    Foster grandchild;

        (3)    Grandchild;

        (4)    Stepchild; and

        (5)    Stepgrandchild.

    (b)    (1)    To provide a fund to pay the expense of protecting and managing wildlife, and preventing unauthorized persons from hunting them, a person may not hunt or attempt to hunt during open season and in any permitted manner any game birds and mammals in the State without first having procured either a resident or nonresident hunter’s license.

        (2)    A person may not hunt or attempt to hunt nongame birds and mammals in Baltimore County without first obtaining a license.

        (3)    A permanent resident of a government reservation may obtain a resident hunter’s license.

    (c)    (1)    Except as provided in paragraph (2) of this subsection, the following persons are not required to obtain a hunter’s license, bow and arrow stamp, black powder stamp, or bonus antlered deer stamp:

            (i)    With respect to hunting on farmland only:

                1.    The resident owner of the farmland and the owner’s spouse, child, and child’s spouse;

                2.    A tenant and the tenant’s spouse, child, and child’s spouse. A tenant is a person holding land under a lease, or a sharecropper who resides in a dwelling on the land, but a tenant does not include any employee of the owner or tenant; and

                3.    A nonresident owner of a parcel of farmland and the owner’s spouse, child, and child’s spouse if:

                A.    The parcel of farmland is located in Maryland and an adjacent state;

                B.    The owner’s primary residence is on the parcel of farmland; and

                C.    The adjacent state extends similar privileges to a resident of Maryland;

            (ii)    Any resident serving in the armed forces of the United States while on leave in the State, during the resident’s leave period, if, while hunting, the resident possesses a copy of the resident’s official leave order;

            (iii)    Any person serving in the armed forces of the United States who has a service–connected disability, if, while hunting, the person possesses valid military identification; and

            (iv)    Any unarmed person participating in an organized foxhunt.

        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, in order to qualify for the license and stamp exemption in accordance with paragraph (1) of this subsection, a child or child’s spouse must be eligible to purchase a junior resident or junior nonresident hunting license.

            (ii)    If a child or child’s spouse is ineligible to purchase a junior resident or junior nonresident hunting license, the child or child’s spouse shall qualify for the license and stamp exemption if the child or child’s spouse:

                1.    Lives on the farmland;

                2.    Worked on the farmland for 30 or more days during the prior 12–month period; or

                3.    Manages the farmland.

        (3)    (i)    In this paragraph, “armed forces” includes the U.S. Coast Guard and the U.S. Merchant Marine.

            (ii)    Subject to subparagraph (iii) of this paragraph, a person who is a retired former member of the armed forces of the United States is not required to obtain a hunting license to hunt on farmland that is:

                1.    In active farming status; and

                2.    Owned by the person or the person’s spouse, child, child’s spouse, parent, grandparent, sibling, niece, or nephew.

            (iii)    A person who hunts on farmland without a hunting license under this paragraph shall possess:

                1.    The retired–military identification card of the person;

                2.    Written permission from the owner of the farm property to hunt on the property that includes:

                A.    A specified period of time that the person is authorized to hunt on the property; and

                B.    The relationship of the person to the owner of the property; and

                3.    Any required hunting stamps.

    (d)    A person who wishes to obtain a hunting license shall complete and submit an application to the Department or to any person designated by the Department to issue a hunting license.

    (e)    An applicant for a license issued under this section shall provide all the information required by the Department, including the last four digits of the applicant’s Social Security number, if the applicant has a Social Security number.

    (f)    Before a hunting license may be issued the applicant for the license shall
acknowledge, as a component of the application, that a hunting license does not of itself permit an individual to hunt on private property.

    (g)    (1)    There shall be the following types of hunting licenses in the State:

            (i)    A resident hunting license that enables the purchaser to hunt all legal game birds and mammals during any appropriate season in Maryland without the purchase of additional stamps, unless the purchaser is hunting migratory game birds or deer during bow and arrow season or black powder season. To hunt migratory game birds the purchaser must also buy a Maryland migratory game bird stamp and to hunt wild waterfowl the purchaser must buy both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp. To hunt deer during bow and arrow season and black powder season the purchaser must also purchase a bow and arrow or black powder stamp.

            (ii)    A nonresident hunting license that enables the purchaser to hunt all legal game birds and mammals during any appropriate season without the purchase of additional stamps unless the purchaser is hunting migratory game birds or deer during bow and arrow season or black powder season. This license enables the purchaser to hunt migratory game birds only with the purchase of a Maryland migratory game bird stamp and to hunt wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp. This license enables the purchaser to hunt deer during bow and arrow season and black powder season only with the purchase of a nonresident bow and arrow or black powder stamp.

            (iii)    A nonresident 3–day hunting license that enables the purchaser to hunt all legal game birds and mammals except deer and turkey for the 3 consecutive legal hunting days in a single season that are specified on the license by the issuing agent. The purchaser must also purchase a Maryland migratory game bird stamp to hunt migratory game birds and a federal migratory bird hunting and conservation stamp to hunt wild waterfowl with this license. Under no circumstance does this license authorize the purchaser to hunt deer and turkey.

            (iv)    1.    An apprentice hunting license that enables the purchaser to hunt all legal game birds and mammals in a single season without the purchase of additional stamps unless the purchaser is hunting migratory game birds or deer during bow and arrow season or black powder season. This license enables the purchaser to hunt migratory game birds only with the purchase of a Maryland migratory game bird stamp and to hunt wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp. This license enables the purchaser to hunt deer during bow and arrow season and black powder season only with the purchase of a bow and arrow or black powder stamp.

                2.    A.    A person may obtain an apprentice hunting license on satisfactory completion of a short online or electronic course of instruction in competency in firearms and hunter safety approved by the Department.

                B.    A person may hunt under an apprentice hunting license only if accompanied and directly supervised by another person who is at least 18 years of age and possesses a valid resident nonapprentice hunting license issued under this subtitle.

                C.    A person who accompanies and directly supervises an apprentice hunting licensee shall maintain close visual and verbal contact with, provide adequate direction to, and be in a position to immediately assume control of the firearm of the apprentice hunting licensee.

                3.    Except for a person participating in a junior hunt approved by the Department, an apprentice hunting licensee who has obtained a certificate of competency in firearms and hunter safety under § 10–301.1 of this subtitle may hunt without supervision.

                4.    An apprentice hunting license:

                A.    May be issued to a person only once in the person’s lifetime;

                B.    May not be renewed; and

                C.    May not be issued to a person who has previously been issued any hunting license under this subtitle.

        (2)    Residents may purchase a senior hunting license beginning in the calendar year in which they attain the age of 65.

        (3)    A nonresident of any age must purchase either a nonresident hunting license or a nonresident 3–day hunting license to hunt in the State.

        (4)    The fees for hunting licenses are according to the following schedule:

            (i)    Resident, junior, under the age of 16 years     $ 10.50

            (ii)    Resident, regular, at least 16 years old and under the age of 65 years ………………………………………………………………………………. $ 24.50

            (iii)    Resident, senior, at least 65 years old     $ 5.00

            (iv)    Nonresident, regular, at least 16 years old     $ 130.00

            (v)    Nonresident, junior, under the age of 16 years     $ 65.00

            (vi)    Complimentary license authorized to be issued under § 10–303 of this subtitle ………………………………………………………………….. No fee

            (vii)    Nonresident 3–day hunting license     $ 45.00

            (viii)    Resident apprentice     $ 10.00

            (ix)    Nonresident apprentice     $ 20.00

        (5)    The fees for individual hunting stamps are according to the following schedule:

            (i)    Bow and arrow stamp     $ 6.00

            (ii)    Nonresident bow and arrow stamp     $ 25.00

            (iii)    Black powder stamp     $ 6.00

            (iv)    Nonresident black powder stamp    $ 25.00

            (v)    Maryland migratory game bird stamp     $ 9.00

            (vi)    Resident bonus antlered deer stamp     $ 10.00

            (vii)    Nonresident bonus antlered deer stamp for each type of deer hunting season ……………………………………………………………………..... $ 25

    (h)    (1)    The person designated to sell the hunting licenses and individual hunting stamps shall issue the hunting licenses and individual hunting stamps and collect the fee prescribed in subsection (g) of this section.

        (2)    The designated person who sells and issues the hunting licenses and individual hunting stamps shall retain as compensation 75 cents for each resident senior hunting license and individual hunting stamp sold and issued and shall retain as compensation $1.50 for each resident junior, nonresident junior, resident regular, nonresident regular, nonresident senior, and nonresident 3–day hunting license sold and issued.

    (i)    A hunting license shall be valid for the period August 1 through July 31, of each year.

    (j)    The licensee shall electronically or physically sign the hunting license at the time the licensee obtains the hunting license. It may not be transferred to any other person.

    (k)    Upon issuing any hunting license, the Department shall furnish the licensee with a list of the names and addresses of every general hospital in the State which offers emergency medical treatment.

    (l)    When the Department has adequate computer capability, the Department shall compile statistics after the close of the hunting season each year concerning the sale of hunting licenses for the previous season, including the names, addresses, counties of residence, and ages of the persons who purchased the hunting licenses and the types of hunting licenses sold.

    (m)    Repealed.

    (n)    The Department may enter into contracts with farmers in the State to reimburse the farmer for planting and leaving grains, grasses, and legumes, including clover, alfalfa, and soybeans, unharvested in the fields in order to be used to provide food or cover for any upland game birds and mammals and wetland game birds in the State.

    (o)    (1)    In this subsection, “Fund” means the Upland Wildlife Habitat Fund.

        (2)    There is an Upland Wildlife Habitat Fund in the Department.

        (3)    The purpose of the Fund is to facilitate the implementation and management of upland habitat programs.

        (4)    The Department shall administer the Fund.

        (5)    (i)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

            (ii)    The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

        (6)    The Fund consists of:

            (i)    Voluntary contributions made to the Fund at the time of purchase of a hunting license under this section;

            (ii)    Any other donations made to the Fund; and

            (iii)    Any investment earnings of the Fund.

        (7)    (i)    The Fund may be used only for:

                1.    Providing cost–share assistance to landowners for planting upland wildlife habitat;

                2.    Providing matching funds to acquire grant funding for upland wildlife habitat programs;

                3.    Hiring contractual staff to implement upland wildlife habitat programs in the State;

                4.    Promoting the Fund and upland wildlife habitat programs; and

                5.    Covering administrative costs calculated in accordance with § 1–103(b)(2) of this article.

            (ii)    The Secretary may prioritize the duties under subparagraph (i) of this paragraph to maximize the effectiveness of upland wildlife habitat programs.

            (iii)    A designated person who sells hunting licenses under this section and who also collects donations for the Fund may retain as compensation 10% of each donation the person receives.

        (8)    (i)    The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

            (ii)    Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

        (9)    Expenditures from the Fund may be made only in accordance with the State budget.