Md. Code Regs. 08.03.04.02

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.03.04.02 - Deer Management Permit Procedures

A. Form of Request. Pursuant to Natural Resources Article, § 10-415, Annotated Code of Maryland, a person may request that the Service investigate severe damage caused by deer for the purpose of having the Service reduce the deer population in the area.

B. Investigation. Upon receipt of a request for investigation, an investigator shall be assigned by the Service to investigate the area of alleged deer damage. The investigator shall furnish written findings to the Service on a form prescribed by the Service. The report shall contain a recommendation of action to be taken, if any, to reduce deer in the area.

C. For the purposes of this regulation, "State agricultural crop land" means State properties which are listed and mapped on the Department's website as being leased for the purpose of cultivating crops.

D. Service Action.

(1) A deer management permit may be issued to a landowner, or the agricultural lessee of a landowner, for economic loss or significant ecological damage to:

(a) Commercial agricultural crops, including row crops, truck crops, and pasture;

(b) Orchard or nursery stock;

(c) Christmas trees;

(d) Ornamental vegetation;

(e) Woodland areas that have forest management plans or tree planting plans that are written by a Department forester or a licensed private forester; or

(f) Native plant communities of ecological significance managed under the direction of a professional botanist or ecologist.

(2) At the earliest practicable time, but within 15 days from receipt of the formal request, the request and investigation report shall be reviewed by the Director or his representative, who shall decide what action shall be taken, if any, to reduce the deer population. The Director shall notify the complainant in writing of his decision.

(3) Factors to be considered include:

(a) Nature, extent, and severity of damage as shown by investigation;

(b) Type of damage;

(c) Time of year;

(d) Deer population surveys and estimates.

E. An individual is ineligible to receive a deer management permit, or to act as an agent under the authority of a deer management permit, if the individual:

(1) Cannot legally possess a firearm;

(2) Is ineligible to receive a Maryland hunting license;

(3) Is within a period of license revocation or cancellation; or

(4) Has been convicted of a violation of Natural Resources Article, Title 10, Annotated Code of Maryland, within a 2-year period before the date of the application for the deer management permit.

F. Deer Reduction Procedure.

(1) If the Service determines that deer population reduction is necessary to prevent severe damage by deer in an area, the reduction shall be accomplished according to the procedures in this section.

(2) The Service shall issue a deer management permit to the landowner or lessee, who is a permittee under this regulation. A lessee shall secure permission of the landowner before using a deer management permit. The permit shall be valid for a period to be determined by the Service.

(3) The permit in §E(1) of this regulation shall describe:

(a) The hunting device to be used;

(b) The number of deer to be shot; and

(c) The type of deer to be taken as antlered, antlerless, or both.

(4) While attempting to take deer under the terms of the permit, the permittee and all designated shooters shall possess a copy of the deer management permit signed by both the permittee and the designated shooter, and present the permit to Department personnel upon request.

(5) In accordance with Regulation .24 of this chapter, wanton waste is prohibited and an individual who intentionally wounds or kills a deer under the authority of a deer management permit shall make a reasonable effort to take possession of the wounded or dead deer.

(6) Tagging and Confirmation Procedures.

(a) A confirmation number shall be generated or a game field tag shall be attached to the deer before removing it from the place of kill that includes:

(i) The deer management permit number;

(ii) Name and DNRid number of the permittee or designated shooter that killed the deer; and

(iii) County and date of harvest.

(b) An individual shall report each deer killed to the Department through the Service's telephone or Internet-based checking system not later than 24 hours after the deer was taken into the permittee's or designated shooter's possession.

(c) Once a confirmation number has been generated by reporting the deer though the Service's telephone or Internet-based checking system, attaching a game field tag is not required while the deer remains in the hunter's possession.

(d) When leaving a deer unattended or in the possession of another person, the deer shall be tagged with:

(i) A game field tag as described in §F(6)(a) of this regulation, if the deer has not been reported to the Department; or

(ii) A tag that includes the permittee's or designated shooter's name and the confirmation number provided by the Department, if the deer has already been reported to the Department.

(e) The tag required under §F(6) of this regulation shall remain attached to the deer until the carcass is either:

(i) Processed for consumption; or

(ii) Disposed of by a processing facility.

(f) Upon request, permittees and designated shooters shall provide a completed log sheet or an electronic record stored on a mobile device as proof that deer taken under the authority of the deer management permit were reported to the Department's checking system.

(g) On the master copy of the confirmation number log sheet supplied with the deer management permit, a permittee shall record all the confirmation numbers with the date of kill, designated shooter number, and species and sex of any deer taken under the authority of the permit.

(h) The master copy of the confirmation number log sheet shall be returned with the deer management permit to the Service in accordance with the date set forth on the deer management permit.

(7) Agents.

(a) A permittee may designate individuals to serve as his agents for the purpose of shooting the deer during the period for which the permit is issued. All agents shall be approved by the Director or his representative, and their names shall be noted on the permit by the Director or his representative.

(b) Agents shall possess a current, valid Maryland hunting license when shooting deer during the bow, firearms, or muzzleloader season. Exempt from this requirement to possess a hunting license are those individuals so exempted pursuant to Natural Resources Article, § 10-301(b), Annotated Code of Maryland.

(c) Permittees and agents shooting under the authority of a deer management permit shall wear fluorescent orange clothing in accordance with Natural Resources Article, § 10-418(b), Annotated Code of Maryland when:

(i) Using a firearm anytime;

(ii) Using any weapon during the deer firearms or muzzleloader season; or

(iii) Using any weapon during the black bear season in a county or zone where the black bear season is open.

(8) Deer or parts of a deer shot under a deer management permit shall be disposed of in the manner provided for in the permit.

(9) Using a Deer Management Permit.

(a) Except as provided for in §F(8)(b) of this regulation, all permittees and their agents shooting deer under the authority of a deer management permit may use any hunting device legal for hunting deer during the deer firearms season in that county or zone.

(b) In Baltimore, Calvert, Charles, Harford, and St. Mary's counties, all persons shooting deer under the authority of a valid deer management permit may shoot deer using a breech loading center fired rifle or any hunting device legal for hunting deer during the deer firearms season.

G. An individual authorized as a permittee on a deer management permit for property in Calvert, Charles, or St. Mary's county who leases State agricultural crop land may shoot deer on the leased State agricultural land in Calvert, Charles, and St. Mary's counties to the same extent, and subject to the same conditions, that the individual is authorized to shoot deer under the deer management permit.

H. The deer management permit may contain other terms and conditions considered appropriate by the Department.

I. Appeal Procedure. If an application for a deer management permit is denied, the Service shall notify the applicant of the grounds upon which the denial is based. An individual who has received a notice that the Service has denied or refused an individual's application may file, within 21 days after the notice was mailed, a letter to the Director of the Service requesting a formal hearing. Upon receipt of the letter, the Service shall schedule a hearing before the Office of Administrative Hearings in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

J. Violations of any provision or restriction of the deer management permit constitute a violation of this regulation.

K. The Department shall provide an opportunity for a contested case hearing conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04 when suspending or revoking a deer management permit.

Md. Code Regs. 08.03.04.02

Regulations .02 were previously codified as
Regulation .02 amended effective September 2, 1991 (18:17 Md. R. 1917); September 3, 2001 (28:17 Md. R. 1555); March 3, 2003 (30:4 Md. R. 315); December 22, 2014 (41:25 Md. R. 1478)
Regulation .02D amended effective June 30, 1986 (13:13 Md. R. 1489); July 25, 1988 (15:15 Md. R. 1808); July 23, 1990 (17:14 Md. R. 1756); August 31, 1992 (19:17 Md. R. 1606)
Regulation .02E amended effective August 15, 2005 (32:16 Md. R. 1391); September 25, 2006 (33:19 Md. R. 1558); November 30, 2009 (36:24 Md. R. 1857); August 23, 2010 (37:17 Md. R. 1184)
Regulation .02F adopted effective June 30, 1986 (13:13 Md. R. 1489)
Regulation .02G amended effective September 25, 2006 (33:19 Md. R. 1558); April 5, 2010 (37:7 Md. R. 569)
Regulation .02I adopted effective April 5, 2010 (37:7 Md. R. 569)
Regulation .02 amended effective 42:20 Md. R. 1263, eff.10/12/2015; amended effective 43:16 Md. R. 899, eff. 8/15/2016; amended effective 44:18 Md. R. 864, eff. 9/11/2017; amended effective 45:20 Md. R. 917, eff. 10/8/2018; amended effective 47:21 Md. R. 903, eff. 10/19/2020