Md. Code Regs. 08.03.01.01

Current through Register Vol. 51, No. 19, September 20, 2024

Section 08.03.01.01 - Definitions

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Air gun" means any gun that propels a projectile by means of non-ignited compressed air or other gases. An air gun is considered unloaded when the bullet, pellet, arrow, bolt or other projectile is removed from the gun.

(2) "Antler point" means any antler projection, including the brow tine, at least one inch in length from base to tip. An antler point may project from the main beam or any antler tine. The brow tine is the point immediately above the top of the skull. The main antler beam tip shall be counted as a point, regardless of length.

(3) "Antlered sika deer" means a sika deer with at least one antler visible above the hairline.

(4) "Antlered white-tailed deer" means a white-tailed deer with:

(a) Two or more points to one antler; or

(b) One antler 3 inches or more long, measuring from the top of the skull, as the deer is in life.

(5) "Antlerless deer" means any deer not antlered.

(6) "Bearded turkey" means any wild turkey with a clump of stiff, hair-like filaments projecting from the upper section of the breast.

(7) "Blind" means man-made or natural material that conceals a hunter from full or partial view while hunting or participating in a hunt.

(8) "Bonus antlered deer stamp" means a stamp which allows a properly licensed individual to hunt one additional antlered deer per hunting license year in a particular deer management region.

(9) Closed Season.

(a) "Closed season" means the time when a person may not hunt any game bird or mammal.

(b) "Closed season" includes any period of time not included within the open season.

(10) "Bow" means a vertical bow or a crossbow.

(11) "County" includes Baltimore City unless otherwise indicated.

(12) "Daytime" means the time beginning 1/2 hour before sunrise and ending 1/2 hour after sunset the same day, as published in the Department's hunter's guide.

(13) "Department" means the Department of Natural Resources.

(14) "Director" means the Director of the Wildlife and Heritage Service, a unit of the Department of Natural Resources.

(15) "Forest game birds and mammals" means forest game birds (ruffed grouse and turkey) and forest game mammals (black bears, deer, fox squirrels, excluding the Delmarva subspecies, and gray and red squirrels) or any part, egg, offspring, or dead body of any of them.

(16) "Fur" or "pelt" means a raw, green, or cured skin and fur of a wild quadruped.

(17) "Fur-bearing mammal" means a beaver, bobcat, coyote, fisher, fox, long-tailed weasel, opossum, otter, mink, muskrat, raccoon, skunk, or any part, offspring, or dead body of any of them.

(18) "Game birds or mammals" means the species defined as forest game birds and mammals, fur-bearing mammals, upland game birds and mammals, and wetland game birds or any part, egg, offspring, or dead body of any of them.

(19) "Green pelt" means a pelt that is not dried, cured, or tanned.

(20) Hunt.

(a) "Hunt" means to pursue, capture, catch, kill, gig, trap, shoot, or attempt to pursue, capture, catch, kill, gig, trap, or shoot, or in any manner reduce any bird or mammal to personal possession.

(b) "Hunt" does not include the sport of fox chasing.

(21) "Jaw-spread" means the maximum distance between the inside of both jaws as measured across the trap jaws on a line perpendicular to a line drawn through the jaw pivot points when the trap is in a set position.

(22) "Junior hunting day" means a day set aside only for individuals 16 years old or younger to hunt deer, wild turkeys, and waterfowl.

(23) "Migratory game bird" means a wetland game bird, dove, or woodcock or any part, egg, offspring, or dead body of any of them.

(24) "Muzzle loading firearm" means a:

(a) Rifle, shotgun, or handgun which is loaded from the muzzle; or

(b) Revolver which is loaded from the front of the cylinder.

(25) "Nighttime" means the time beginning 1/2 hour after sunset and ending 1/2 hour before sunrise the following day, as published in the Department's hunter's guide.

(26) "Nongame birds and mammals" means every wild mammal and bird not classified as game birds and mammals or any part, egg, offspring, or dead body of any of them.

(27) Open Season.

(a) "Open season" means the time when an individual lawfully may hunt game birds and mammals.

(b) "Open season" includes both the first and last day of the season unless otherwise indicated.

(28) "Person" means the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

(29) "Primitive weapon" means a:

(a) Vertical long bow, vertical recurve bow, or other vertical bow that does not use wheels, cams, or other mechanical devices that aid in the drawing of the bow string or the holding of a drawn bow; and

(b) A flintlock or percussion cap sidelock muzzle loading firearm.

(30) "Protected birds" means a wild bird not included within the definition of "game bird" or "unprotected bird" or any part, egg, offspring, or dead body of any of them.

(31) "Resident" includes a member of the Armed Forces of the United States who is on active duty and stationed officially in the State.

(32) School.

(a) "School" means an accredited public, parochial, or private learning institution for one or more grades, kindergarten through 12th grade.

(b) "School" does not include a home school or an institute of higher education such as a college or university.

(33) "Secretary" means the Secretary of Natural Resources.

(34) "Service" means the Wildlife and Heritage Service, a unit of the Department of Natural Resources.

(35) "Straight-walled cartridge" means a bullet casing with straight walls all the way to the projectile used as ammunition for a handgun or rifle.

(36) "Unprotected bird" means an English sparrow and European starling or any part, egg, offspring, or dead body of any of them.

(37) "Unprotected mammal" means nutria and woodchuck.

(38) "Upland game birds and mammals" means upland game birds (blackbirds, crows, doves, pheasant, quail, and woodcock) and upland game mammals (rabbit and hare) or any part, egg, offspring, or dead body of any of them.

(39) "Wetland game birds" means brant, coots, ducks, gallinules, geese, mergansers, rails, snipe, and swan or any part, egg, offspring, or dead body of any of them, including birds that are raised in captivity and released to the wild or otherwise used for hunting purposes.

(40) "Wild birds" means every bird wild by nature, or any part, egg, offspring, or dead body of any of them.

(41) Wildlife.

(a) "Wildlife" means every living creature, not human, wild by nature, endowed with sensation and power of voluntary motion.

(b) "Wildlife" includes mammals, birds, amphibians, and reptiles which spend a majority of their life cycle on land or any part, egg, offspring, or dead body of any of them.

(42) "Wild mammal" means every mammal wild by nature, or any part, egg, offspring, or dead body of any of them.

(43) "Wild quadruped" means a species of wildlife having four feet, or any part, egg, offspring, or dead body of any of them.

(44) "Wild waterfowl" means brant, coots, ducks, geese, mergansers, and swans or any part, egg, offspring, or dead body of any of them, including birds raised in captivity and released to the wild or otherwise used for hunting purposes.

Md. Code Regs. 08.03.01.01

Existing Regulations .01 recodified under new chapter COMAR 08.03.10
Regulation .01 adopted effective June 26, 1989 (16:12 Md. R. 1333)
Regulation .01B amended effective September 2, 1991 (18:17 Md. R. 1917); August 15, 1994 (21:16 Md. R. 1381); June 3, 1996 (23:11 Md. R. 809); October 6, 1997 (24:20 Md. R. 1402)
Regulation .01B amended as an emergency provision effective July 19, 1996 (23:16 Md. R. 1165); amended permanently effective January 13, 1997 (24:1 Md. R. 28)
Regulation .01B amended as an emergency provision effective September 15, 1998 (25:21 Md. R. 1570); amended permanently effective December 28, 1998 (25:26 Md. R. 1919)
Regulations Regulation .01 repealed and new .01 effective August 19, 2002 (29:16 Md. R. 1286)
Regulation .01B amended effective August 30, 2004 (31:17 Md. R. 1311); August 23, 2010 (37:17 Md. R. 1184); August 6, 2012 (39:15 Md. R. 963)
Regulation .01B amended as an emergency provision effective 40:21 Md. R. 1771, eff.10/1/2013 ; amended permanently effective 40:23 Md. R. 1932, eff.11/25/2013
Regulation .01B amended effective 41:15 Md. R. 889, eff.8/4/2014 ; amended effective 43:20 Md. R. 1109, eff. 10/10/2016; amended effective 44:18 Md. R. 864, eff. 9/11/2017; amended effective 47:16 Md. R. 737, eff. 8/10/2020