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Title 08 DEPARTMENT OF NATURAL RESOURCES
Subtitle 03 WILDLIFE
Chapter 13 Regulated Shooting Areas
Authority: Natural Resource
Article, §§10-205 and 10-906, Annotated Code of Maryland
.01 Definitions.
A. In this
chapter, the following terms have the meanings indicated.
B. Terms
Defined.
(1)
"Commercial regulated shooting area" means a regulated shooting area
that is open to the public and charges a fee.
(2) "Flighted
mallards" means captive-raised mallard ducks that are properly marked by
the permittee, released on the property designated as a regulated
shooting area, and hunted immediately after release.
(3)
"Free-flying mallards" means captive-raised mallard ducks that are
properly marked by the permittee, reared and released on the property
designated as a regulated shooting area, and hunted during the open
season established by federal regulation pursuant to 50 CFR Part 20 for
mallard ducks.
(4)
"Noncommercial regulated shooting area" means a regulated shooting area
that is not open to the public or has closed membership.
(5)
"Permittee" means a person possessing a regulated shooting area permit
or an individual authorized by the permit holder to act pursuant to the
provisions of the permit and this chapter.
(6) "Regulated
shooting area", referred to as regulated shooting ground in Natural
Resources Article, §10-906, Annotated Code of Maryland, means a tract of
land, including any waters, on which the permittee may raise, release,
and hunt captive-raised pheasant, bobwhite quail, chukar partridge,
Hungarian partridge, turkey, and mallard ducks as specified on the
permit and provided for in this chapter.
.02 Permits.
A. Permit
Required.
(1) A permit
to operate a regulated shooting area allows the permittee to raise,
release, and hunt captive-raised pheasant, bobwhite quail, chukar
partridge, Hungarian partridge, turkeys and mallard ducks on the
permitted regulated shooting area as provided on the permit and subject
to the regulations in this chapter. Turkeys may be authorized for
release only on a regulated shooting area that was permitted to release
turkeys before September 1, 1992.
(2) A person
may not operate a regulated shooting area without a regulated shooting
area permit.
B.
Application.
(1) To apply
for a regulated shooting area permit, a person shall submit to the
Wildlife and Heritage Service (the Service):
(a) A
completed application form provided by the Service;
(b) A copy of
a tax map on which the applicant has delineated the tract of land to be
permitted, demonstrating the property meets the minimum size
requirements in Regulation .04 of this chapter;
(c) An
application fee of $150;
(d) The
species the person seeks authority to raise, release, and hunt;
(e) If an
applicant is requesting to release mallard ducks, a statement whether
the applicant desires to release and hunt flighted mallard ducks,
free-flying mallard ducks, or both; and
(f) If an
applicant is requesting authority to release and hunt free-flying
mallard ducks, the number of free-flying mallard ducks to be released
and an annual habitat management plan that ensures that adequate amounts
of water and food are available year-round to sustain the number of
free-flying mallards ducks released.
(2) The
Service shall provide applicants with guidelines for habitat management
plans with the permit application.
(3) Permit
applications may be obtained from the Wildlife and Heritage Service,
Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland
21401, or by calling (410) 260-8540. Complete applications shall be
mailed or delivered to: Permits Coordinator, Wildlife and Heritage
Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis,
Maryland 21401.
C. Conditions
for Issuance. Upon receipt of the application, the Service shall review
the application for its compliance with this chapter. The Service may
not issue a permit to operate a regulated shooting area until it is
satisfied that issuance of the permit will not be harmful or adverse to
the conservation of native game species or to any public interest. The
Service may inspect the property prior to issuance of the permit.
D. Duration. The
permit shall be valid from the date of issuance until the following June
30, unless revoked by the Service. Applications to release and hunt
free-flying mallard ducks shall be received by the Service before
September 1 annually. Applications to release and hunt flighted mallard
ducks, pheasant, bobwhite quail, chukar partridge, Hungarian partridge,
and turkey may be made at any time.
.03 Record-keeping
Requirements.
A. Annual
Reports.
(1) The
permittee shall make an annual report of operations by April 30 of each
permit year on forms provided by the Service with the regulated shooting
area permit.
(2) The report
shall include:
(a) The number
and species of captive-raised birds that have been released, killed, or
recaptured on the regulated shooting area each day;
(b) The number
and species of all wild waterfowl that have been killed on the regulated
shooting area excluding any of the captive-raised birds listed in
§A(2)(a) of this regulation;
(c) An
estimate of how many captive-raised birds by species were released and
not captured; and
(d) Any
outbreaks of avian influenza or other diseases in the captive-raised
birds raised, released, or captured on the regulated shooting ground.
(3) The
Department may not issue a new permit for a regulated shooting area to
an existing permit holder unless the report required under this section
has been filed.
B. Records of
Birds Purchased.
(1) The
permittee shall maintain records of:
(a) The number
and species of captive-raised birds purchased;
(b) The date
on which they were purchased; and
(c) The name
and address from whom they were purchased.
(2) These
records shall be retained for 12 months from the date of the
transaction.
.04 Area Requirements.
A. Minimum
Size. Each regulated shooting area shall be in one tract of land, or
land and water combined. A regulated shooting area permit may not be
issued for less than 50 acres for hunting flighted mallard ducks, or
less than 100 acres for hunting all other species. The regulated
shooting area may include areas bisected by roads with easements less
than 60 feet wide.
B. Signage and
Boundary Posting.
The permittee
shall post at each entrance to the property printed notices that contain
the following wording:
REGULATED
SHOOTING AREA
This area is governed by regulations authorized in
Natural Resources Article, §10-906,
Annotated Code of Maryland
UNAUTHORIZED HUNTING
OR TRESPASSING PROHIBITED
(Name of Permit Holder)
C. The
permittee shall maintain in the permittee's possession an aerial
photograph delineating the boundaries of the regulated shooting area and
make the photograph available for inspection by the Department.
.05 Hunting.
A. Hunting
Seasons.
(1) The open
season for captive-raised pheasant, chukar partridge, Hungarian
partridge, turkey, and flighted mallard ducks is October 1 through March
31.
(2) The open
season for captive-raised bobwhite quail shall conform to the regular
Statewide seasons except:
(a)
Captive-raised bobwhite quail may be hunted on the regulated shooting
area from October 1 through March 31 if the regulated shooting area was
granted these extended season dates for captive-raised bobwhite quail
prior to July 1, 2003; or
(b) An
applicant for a regulated shooting area permit may request approval from
the Service, at the time of application, to hunt captive-raised bobwhite
quail on the regulated shooting area from October 1 through March 31.
(3) Approval
of a request under §A(2)(b) of this regulation shall be noted on the
face of the regulated shooting area permit, if the Service finds, after
investigation, that these extended season dates will not be harmful or
adverse to the conservation of native game species.
(4) Hunting on
Sunday is authorized only as provided in Natural Resources Article,
§10-410(a), Annotated Code of Maryland.
(5) The open
season for free-flying mallard ducks is the same as the open season for
mallard ducks established by federal regulation pursuant to 50 CFR Part
20.
B. Hunting
Hours. Hunting hours in regulated shooting areas shall conform to:
(1) Natural
Resources Article, §10-410(b), Annotated Code of Maryland; and
(2) Federal
hunting hours pursuant to 50 CFR Part 20.
C. Bag and
Possession Limit. The permittee may take by shooting only captive-raised
birds that are marked under this chapter that have been released on the
permitted regulated shooting area or on any other regulated shooting
area, without regard to any bag or possession limits.
D. Hunting
License and Stamps Required.
(1) Unless
otherwise exempted by statute, an individual may hunt released,
captive-raised pheasant, bobwhite quail, chukar partridge, Hungarian
partridge and turkey on the regulated shooting area only while in
possession of a valid:
(a) Maryland
resident or nonresident hunting license; or
(b) Regulated
shooting area special hunting license.
(2) Unless
otherwise exempted by statute, an individual may hunt flighted mallard
ducks on the regulated shooting area only while in possession of:
(a) A valid:
(i) Maryland
resident or nonresident hunting license; or
(ii) Regulated
shooting area special hunting license; and
(b) A valid
Maryland Migratory Game Bird Stamp.
(3) Unless
otherwise exempted by statute, an individual may hunt free-flying
mallard ducks on the regulated shooting area only while in possession of
a valid:
(a) Maryland
resident or nonresident hunting license;
(b) Maryland
Migratory Game Bird Stamp;
(c) Federal
Migratory Bird Hunting and Conservation Stamp.
(4) Unless
otherwise exempted by statute, an individual hunting any other game
species on the regulated shooting area shall possess a valid Maryland
resident or nonresident hunting license, and any required stamps.
E. Use of Live
Decoys.
(1) An
individual may not hunt wetland game birds on:
(a) A
regulated shooting area by the use or aid of live birds as decoys; or
(b) An area
where tame or captive live ducks or geese are present unless the ducks
or geese are, and have been for a period of 10 consecutive days before
hunting, confined within an enclosure which substantially reduces the
audibility of their calls and totally conceals the ducks or geese from
the sight of wetland game birds.
(2)
Captive-raised released mallard ducks that may act as live decoys may be
removed by the permittee by shooting only during the open season for
mallard ducks established by federal regulation and with the written
approval of the Service. The hunting of wetland game birds may not occur
for a period of 10 consecutive days after removal of these birds. Any
violation of these conditions is a violation of COMAR 08.03.07.05.
F. Dog
Training. Dogs may be trained, and retriever or field trials may be held
at any time of the year, upon the premises covered by a regulated
shooting area permit. A special permit as required in Natural Resources
Article, §10-701, Annotated Code of Maryland, first shall be obtained to
conduct a retriever trial or field trial.
G. Hunting of
Other Species. All other game that is taken or hunted on regulated
shooting areas is subject to the wildlife laws and regulations of this
State.
.06 Captive
Birds.
A. Care of
Captive Birds. Birds held in captivity under the authority of this
chapter shall be maintained under conditions providing adequate space,
food, and water to meet the physical requirements of the birds.
B. Release.
All captive-raised birds released shall be full-winged and fully able to
care for themselves in a wild state.
C. Marking.
(1) Before
release, all captive-raised birds, except mallard ducks, shall bear a
leg band or other marking device prescribed by the Service. The leg band
shall remain attached to each captive-raised bird until prepared for
consumption and shall be destroyed immediately upon removal.
(2) Mallard
ducks shall be physically marked by removal of the hind toe from the
right foot before they are 4 weeks old and may not be marked with leg
bands or any other marking device.
D. Recapture
of Released Birds.
(1) Pheasant,
bobwhite quail, turkey, chukar partridge, and Hungarian partridge that
are properly marked may be recaptured by the permittee on the lands and
waters of the regulated shooting area.
(2) Flighted
mallard ducks may be recaptured by the permittee on the lands and waters
of the regulated shooting area only if allowed as a specific condition
on the face of the permit.
(3)
Free-flying mallard ducks may not be recaptured.
E. Feeding.
(1) If the
permittee feeds free-flying mallard ducks released on the regulated
shooting area, all feeding shall be done by a feeder located on dry
land. All feed shall be completely removed for at least 10 consecutive
days before hunting free-flying mallard ducks or any wetland game bird
on the regulated shooting area. This subsection does not apply if the
only wetland game birds being hunted are flighted mallard ducks. A
violation of these conditions is a violation of COMAR 08.03.10.07.
(2) The
feeding of captive-raised mallard ducks in tidal waters, or within 25
feet of the mean high water line of tidal waters bordering the regulated
shooting area, is prohibited.
F. Sale of
Live Birds. If a permittee desires to sell live birds, the permittee
shall obtain a game husbandry permit as described in Natural Resources
Article, §10-905, Annotated Code of Maryland.
G. Possessing,
Transporting, and Marking of Mallard Carcasses.
(1) Except as
provided in §G(2) and (3) of this regulation, at all times during
possession, transportation, and storage until the raw carcasses are
finally processed immediately before cooking, smoking, or canning, the
toe-clipped foot of captive-raised mallard ducks shall remain attached
to each carcass.
(2) A
permittee may remove the toe-clipped foot of captive-raised mallard
ducks if the number of the regulated shooting area permit first has been
legibly stamped in ink:
(a) On the
back of each carcass or breast; and
(b) On the
container in which the carcass or breast is stored.
(3) If
properly marked under §G(2) of this regulation, the carcasses and
breasts may be:
(a) Given to
or acquired from any person; and
(b) Possessed
and transported in any number at any time or place.
.07 Health, Inspection,
and Testing.
A. Report of
Disease Outbreaks. The permittee shall report unusual death or sickness
of captive-raised birds immediately to the nearest Department of
Agriculture animal health laboratory, and transport dead and sick
captive-raised birds to the nearest Department of Agriculture animal
health laboratory for diagnostic examination.
B. Inspection.
The permittee shall allow the Department or the Department's
representative to enter the regulated shooting area at all reasonable
hours to inspect:
(1) Records
required to be maintained under this chapter;
(2) All
hatcheries, equipment, and facilities used for rearing and holding
captive-raised birds; and
(3) The
grounds and water of the regulated shooting area.
C. Testing.
(1) The
permittee shall allow the Department or the Department's representative
to enter the regulated shooting area at all reasonable hours to:
(a) Collect
environmental samples from all hatching, rearing, and holding
facilities;
(b) Culture or
biochemical test these samples for the presence of avian diseases; and
(c) Test a
sample of captive-raised birds from the permittee's flock.
(2) The
permittee shall provide the Department captive-raised birds for testing
at no cost to the Department, as the Department considers necessary.
.08 Penalties.
A. Revocation
and Suspension.
(1) The
Service may revoke or suspend a regulated shooting area permit for any
violation of this chapter or of the terms of the permit.
(2) 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.
B. Additional
Penalties.
(1) For the
purposes of this section a second or subsequent conviction is a
violation that has occurred within 2 years of the first conviction and
that arises out of a separate set of circumstances than the first
conviction.
(2) In
addition to any other penalty provided by this chapter or Natural
Resources Article, Annotated Code of Maryland, if a person who holds a
permit to establish and operate a regulated shooting ground under this
chapter or any other guest of that person is convicted of violating on
the premises of the regulated shooting area 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 area by the use or aid of live birds as decoys, the
Director shall suspend the permit:
(a) For the
first conviction, for the following permit year; and
(b) For the
second or subsequent conviction, for the following 2 permit years.
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BELOW IS OLD TEXT
A Regulated
Shooting Area (RSA) is a tract of land, including any waters, on which the
licensee may release and shoot captive-raised pheasant, bobwhite quail, chukar
partridge, Hungarian partridge, turkeys and mallard ducks. The RSA Permit allows
the holder of the permit to raise and release properly marked, captive-raised
birds. If the RSA permit holder desires to sell live birds, the permittee will
also need to obtain a Game
Husbandry Permit, from the Wildlife and Heritage Service.
In Maryland, a person may not operate an unlicensed RSA. Upon receipt of an
application, a copy of a tax map on which the applicant has clearly shown the
tract of land to be licensed, and the annual fee of $150.00, the Wildlife and
Heritage Service may issue a permit to operate a commercial or non-commercial
RSA. The permit is valid from the date of issuance until the following June 30.
[Note: A Commercial RSA means a regulated shooting area that is open to the public,
while a Non-commercial RSA is closed to the public or has closed membership.]
The Department of Natural
Resources may issue an RSA permit on payment of a reasonable fee after determining that
the establishment and operation of the RSA does not conflict with any reasonable prior
public interest and that granting the permit will not have any adverse impact on the
conservation of native game species.
RSA SIZE AND BOUNDARY REQUIREMENTS
Each RSA shall be in one tract of land, or land and water combined.
An RSA permit may not be issued for less than 50 acres for flighted mallard shooting,
or less than 200 acres for all other species. [Note: Flighted mallard ducks are
captive raised mallard ducks that are properly banded by the licensee and and
released and shot immediately thereafter. The regulated shooting area may include
areas bisected by roads with easements less than 60 feet wide. The permittee
shall post at each entrance to the property with notices that contain the following wording:
REGULATED
SHOOTING AREA
This area is governed by regulations authorized in
Natural Resources Article, §10-906
of the Annotated Code of Maryland
UNAUTHORIZED HUNTING OR
TRESPASSING PROHIBITED
(Name of Permit Holder)
Commercial regulated
shooting area boundaries shall be posted with printed notices facing outward.
The permittee shall post at each entrance to the property a weatherproofed
aerial photograph delineating the boundaries of the regulated shooting area
REPORTING REQUIREMENT
Each person holding an RSA Permit must file a report with the
Department of Natural Resources, on forms provided by the Department, by
April 30 of each year. The report shall include:
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The number and species of captive-raised birds that have been released, killed, or recaptured on the RSA.
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The number and species of all wild waterfowl that have been killed on the RSA, excluding any of the captive raised birds listed in Item 1 above.
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An estimate of how many captive raised birds by species were released and not captured; and
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Any outbreaks of avian influenza or other disease in the captive birds raised, released or captured on the RSA.
The permit holder shall report any 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.
The Department may not issue a new permit for an RSA to an existing permit holder unless the required report has been filed.
ADDITIONAL RECORDS TO BE MAINTAINED
The RSA permit holder 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.
INSPECTIONS
The RSA permit holder shall allow the Department, or the Department’s representative,
to inspect all records that are required to be maintained, and all hatcheries, equipment and
facilities used for rearing and holding captive raised birds. The RSA permit holder will also
allow the Department, or the Department’s representative, to collect environmental samples
from all hatcheries, rearing and holding facilities, and to culture or biochemical test these
samples for the presence of avian diseases, and test a sample of captive raised birds from
the permit holder’s flock. The permit holder will provide the captive raised birds for
testing at no cost to the Department.
HUNTING LICENSE REQUIREMENTS TO HUNT ON AN RSA’S
A Regulated Shooting Area Hunting License
allows a person to hunt pen-reared quail, chukar partridges, Hungarian partridge, pheasant, turkeys
and mallard ducks on an RSA. This license is not required if you hold a valid resident or nonresident
hunter’s license. The RSA License is available from DNR Service Centers or from authorized issuing
agents at a cost of $3.50.
ACTIVITIES THAT ARE ALLOWED
A permit to operate a
regulated shooting area allows the permit holder to release and shoot pen-reared
pheasant, bobwhite quail, chukar partridge, Hungarian partridge, and free-flying
or flighted mallard ducks on the RSA. (Note: Turkey may be released only on an
RSA that was permitted to release turkey before September 1, 1992).
There is no bag or possession limit for properly marked pen-reared and released
pheasant, bobwhite quail, turkey, chukar partridge, Hungarian partridge, or
mallard ducks released by private individuals and shot on RSA’s.
The release and recovery of pen-reared birds on an RSA shall comply with the following requirements:
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All pen-raised birds released shall be full-winged and fully able to care for themselves in a wild state.
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All pen-reared birds released, except mallard ducks, shall bear a leg band or other marking device prescribed by the Service.
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Mallard ducks shall be physically marked by removal of the hind toe from the right foot before they have reached four weeks of age.
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Pheasant, bobwhite quail, turkey, chukar partridge, and Hungarian partridge that are properly marked may be recaptured by the permittee on
the lands and waters of the regulated shooting area. Flighted mallard ducks may be recaptured by the permittee on the lands and waters of the regulated shooting area only if allowed as a specific
condition on the face of the permit. Free-flying mallard ducks may not be recaptured.
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If the permit holder chooses to feed the pen-reared mallard ducks released on the RSA, all feeding shall be done from a feeder located on
dry land. All feed shall be removed for at least 10 consecutive days before hunting captive-raised mallard ducks or any wetland game bird on the regulated shooting area. A regulated shooting area
permittee may not feed free-flying mallard ducks from October 15 through the end of the season for mallard ducks established by federal regulation pursuant to 50 CFR Part 20. This subsection does
not apply if the only wetland game birds being hunted are flighted mallard ducks. A violation of these conditions is a violation of COMAR 08.03.10.07 (Baiting).
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Hunting is not allowed where tame or captive live ducks are present, unless the ducks or geese are, and have been for a period of 10
consecutive days before hunting, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals the birds from the sight of wetland game birds.
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Pen-reared released mallard ducks that may act as live decoys may be removed by the permittee during the open season for mallard ducks established by federal regulation with the written
approval of the Service. The hunting of wetland game birds may not occur for a period of 10 consecutive days after removal of these birds. Any violation of these conditions shall
be considered a violation of COMAR 08.03.07.05 (Captive Waterfowl (Live Decoys).
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Shooting hours on an RSA shall conform to State and federal hunting hours.
TAGGING AND BANDING
A person may not consume or remove from the premises any bird killed under the terms of the permit until the
permit holder has tagged or marked the birds. The marking device shall remain attached to each bird until
prepared for consumption and shall be destroyed immediately upon removal.
Dogs may be trained, and retriever or field trials
may be held at any time of the year, upon the premises covered by an RSA permit. However, a special permit,
obtained through the Service Regional offices as required in Natural Resources Article, § 10-701,
must be obtained before conducting a retriever trial or field trial.
HUNTING SEASONS
The open season for captive-raised pheasant, chukar partridge, Hungarian partridge, turkey, and flighted mallard ducks is October 1 through March 31.
In general the open season for captive-raised bobwhite quail shall conform to the regular Statewide seasons. However, captive-raised bobwhite
quail may be hunted on the regulated shooting area from October 1 through March 31 if the regulated shooting area was granted these extended
season dates for captive-raised bobwhite quail prior to July 1, 2003 or if an applicant requests permission for the extended season at the time of application.
Hunting on Sunday is authorized only as provided in Natural Resources Article, §10-410(a), Annotated Code of Maryland.
The open season for free-flying mallard ducks is the same as the open season for mallard ducks established by federal regulation.
All other game, including state-released pen-reared mallard ducks, that are taken or hunted on an RSA are subject to the wildlife laws and regulations of the State.
RELATED PERMITS
Retriever Training Permit
Game Husbandry Permit
HOW TO APPLY FOR AN RSA PERMIT
To apply for the Regulated Shooting Area Permit, please download and print the following application, and mail to:
Wildlife Permit Coordinator
MD DNR- Wildlife and Heritage Service
580 Taylor Ave., E-1
Annapolis MD 21401
Remember, the application must be returned along with the Application Fee of $150.00. Make your check or money order payable to: The Department of Natural Resources. Be sure to include the required maps. A copy of a tax map on which the applicant has clearly shown the tract of land to be licensed is required for all RSA’s.
Application for
Regulated Shooting Area Permit
Note: If the RSA will be releasing Free-flying Mallard Ducks, in addition to the annual RSA Permit, a Habitat Management Plan is also REQUIRED.
Habitat Management Guidelines for Free-Flying Mallard Ducks
Application for
Habitat Management Plan for RSA Releasing
Free-Flying Mallard Ducks
Request by E-mail:
(include US Mailing Address)
customerservice@dnr.state.md.us
Request by Phone:
(410) 260-8540
Toll-free in Maryland:
1-877-620-8DNR [8367], Extension 8540
TTY: Maryland Relay via
1-800-735-2258 or 711
Request by Mail:
Wildlife Permit Coordinator
MD DNR- Wildlife and Heritage Service
580 Taylor Ave., E-1
Annapolis MD 21401
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