2013 Maryland Code
NATURAL RESOURCES
§ 10-301 - In general

§10-301.

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

(1) Foster child;

(2) Foster grandchild;

(3) Grandchild;

(4) Stepchild; and

(5) Stepgrandchild.

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

(d) A person may apply for a hunter’s license to any person designated by the Department. The application shall be on a form the Department prepares and supplies. The applicant shall fill out, sign, and submit the application to the person designated to issue the hunter’s license. A person may apply by mail.

(e) The application shall contain the applicant’s name, height, color of eyes and hair, occupation, place of residence, and Social Security number. If the applicant is a nonresident, the applicant also shall present the applicant’s driver’s license, voter’s card, or resident hunter’s license.

(f) Before a hunting license may be issued the applicant for the license shall sign a statement which says:

“I understand that this hunting license does not of itself permit me to hunt on private property, and if I do so without permission of the owner, I may be subject to a fine.”

(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.

(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

(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) 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. A hunting license may not be issued to any person under the age of 16 years without the written consent of the person’s parent or guardian. The Department shall furnish the hunting licenses and individual hunting stamps to the designated person. The issuing person shall countersign the license, and retain the duplicate copy of the license. The duplicate copies and money collected every month shall be mailed to the Department on the first day of the succeeding month each year. 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, 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 sign the licensee’s name in ink on 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 - 1. Competency in firearms and hunter safety

(a) Certificate of competency and safety. --

(1) (i) On or after July 1, 1977 a person under 18 years of age may not procure a hunting license or hunt in the State, unless the person has first been issued a certificate of competency in firearms and hunter safety.

(ii) On or after July 1, 1977 a person, regardless of age, may not procure a hunting license without producing a certificate of competency or a hunting license issued prior to July 1, 1977 or making out an affidavit that the person had such a license.

(2) This section does not apply to nonresidents of Maryland who purchase a hunting license in the State to hunt wild waterfowl. However, this does apply to nonresidents of Maryland who purchase hunting licenses in the State to hunt other wildlife.

(b) Course in conservation and in competency and safety. --

(1) The Department shall prescribe a course of instruction in conservation and in competency and safety in the handling of firearms.

(2) The Department shall designate those persons or agencies authorized to give the course of instruction, and this designation shall be valid until revoked by the Department. Those designated persons shall submit to the Department validated listings naming all persons who have successfully completed the course of instruction.

(3) The Department shall issue a certificate of competency and safety to each person who successfully completes the course of instruction, and the certificate shall be valid until revoked by the Department.

(4) The Department may not issue a certificate of competency and safety to an individual under the age of 18 unless the individual has completed satisfactorily the course of instruction, or produces a certificate of competency or a hunting license issued prior to July 1, 1978 or makes out an affidavit that the individual had such a license.

(c) Department to coordinate statewide program. --

(1) The Department shall institute and coordinate a statewide course of instruction in conservation and in competency and safety in the handling of firearms, and in so doing, the Department may cooperate with any political subdivision or with any reputable organization having as one of its objectives the promotion of competency and safety in the handling of firearms, such as the National Rifle Association and local rod and gun clubs.

(2) The Department may conduct the course in hunter safety and issue the certificates, using Department personnel or other persons at times and in areas where other competent agencies are unable or unwilling to meet the demand for instruction.

(3) Any similar certificate, or hunting license, issued outside the State by a governmental agency, shall be accepted as complying with the requirements of paragraph (1) of this subsection, if the privileges are reciprocal for Maryland residents.

(d) Regulations. -- The Department shall adopt regulations to provide for the course of instruction and the issuance of the certificates consistent with the purpose of this section.

(e) Violations and penalties; appeal from denial of certificate. --

(1) On or after July 1, 1977 any person who obtains a hunting license by presenting a fictitious certificate of competency or who attempts to obtain a certificate of competency or hunting license through fraud shall have his hunting privileges revoked by the Department for a period not to exceed 1 year.

(2) Any applicant who is refused a certificate of competency under this section may appeal the decision or action of the issuing unit to the Secretary.

(f) 1-year gratis hunting license to resident under age of 16. --

(1) The Department or a person designated by the Department may issue a 1-year gratis hunting license to a Maryland resident under the age of 16 years who has successfully completed a hunter safety course.

(2) A hunting license issued under this subsection shall include all applicable hunting stamps, except for migratory game bird stamps and bonus deer stamps.

(3) An individual may be issued only one such license during the individual's lifetime.

(g) Complimentary consolidated hunting license; stamps. --

(1) The Department or a person designated by the Department shall issue a complimentary hunting license each year to an individual who:

(i) Has been authorized by the Department to give the course of instruction in conservation and in competency and safety in the handling of firearms under subsection (b) of this section;

(ii) Has completed at least 5 years of service as an instructor of this course;

(iii) Maintains active certification as an instructor of this course;

(iv) Has taught two hunter safety courses during the fiscal year preceding the issuance of the license; and

(v) Has indicated to the Department an interest in receiving a complimentary hunting license.

(2) A hunting license issued under this subsection shall include all applicable hunting stamps, except for migratory game bird stamps and bonus deer stamps.

§ 10-301 - 2. Patron's licenses

(a) In general. -- There is a patron's hunting license.

(b) Issuance; fee. -- The Department shall issue on a yearly basis a patron's hunting license to any person who:

(1) Applies to the Department on a form provided by the Department; and

(2) Pays $ 500.

(c) Permitted activities. -- The holder of a patron's hunting license may hunt any game birds or mammals during any open season and in any manner permitted in the State without obtaining any other license or stamp, except the federal migratory wild waterfowl stamp and the Maryland migratory game bird stamp.

§ 10-301 - 3. Commemorative lifetime hunting license.

(a) In general. -- There is a commemorative lifetime hunting license.

(b) Issuance. -- The Department shall issue a limited number of commemorative lifetime hunting licenses to certain nonprofit organizations, consistent with eligibility criteria developed by the Department, until December 31, 2011.

(c) Marketing and selling licenses by nonprofit organizations. -- Nonprofit organizations issued hunting licenses under this section may, in cooperation with the Department, market and sell the hunting licenses.

(d) Use of proceeds. -- All proceeds from sales of hunting licenses under this section shall be used by the Department to fund conservation law enforcement by the Natural Resources Police Force.

(e) Regulations. -- The Department may adopt regulations to carry out the provisions of this section.