Md. Code Regs. 08.03.04.22

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

Section 08.03.04.22 - Cervid Carcass and Part Importation

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

B. Terms Defined.

(1) "Authorized commercial deer processor" means an establishment that is open to the public and processes cervid carcasses or parts into food products for compensation and that possesses a letter from the Director granting permission to possess and process deer taken from within a CWD management area.

(2) "Authorized licensed taxidermist" means a taxidermist licensed with the Service in accordance with Natural Resources article, § 10-512, Annotated Code of Maryland, who is permitted to possess and preserve, mount or tan cervid carcasses or cervid parts taken from within a CWD management area in accordance with §C(2) of this regulation..

(3) Cervid.

(a) "Cervid" means a hoofed animal that is a member of the family Cervidae.

(b) "Cervid" includes, but is not limited to:

(i) Black-tailed deer;

(ii) Caribou (reindeer);

(iii) Elk;

(iv) Fallow deer;

(v) Moose;

(vi) Mule deer;

(vii) Musk deer;

(viii) Pampas deer;

(ix) Red deer;

(x) Roe deer;

(xi) Sika deer;

(xii) Swamp deer;

(xiii) Tufted deer; and

(xiv) White-tailed deer.

(4) "CWD" means chronic wasting disease.

(5) "CWD management area" means a geographical region in Maryland where the Department has determined there is a need to minimize the spread of CWD by restricting certain practices.

(6) "CWD positive area" means a geographical region outside of Maryland where the Department has determined that chronic wasting disease has been detected in free-ranging or captive cervids.

C. CWD Positive Areas and CWD Management Areas.

(1) The Department shall maintain a list of CWD positive areas, CWD management areas, authorized commercial deer processors and authorized licensed taxidermists and make this list available to the public and post it on the Department's website. The Department shall disseminate a notice of modification to the list through various media and post it on the Department's website so that an affected person has a reasonable opportunity to be informed.

(2) CWD Authorized Taxidermist.

(a) A licensed taxidermist may be authorized to possess and preserve, mount or tan cervid carcasses or cervid parts taken from within a CWD management area by signing an agreement to comply with disposal methods prescribed by the Service.

(b) The Service shall list a CWD authorization on a taxidermy license.

D. Importation, Transportation, and Possession Prohibited. Except as provided in §§E, G, and H of this regulation, a person may not import, transport, or possess a part of a dead cervid from a CWD positive area or a CWD management area.

E. Importation, Transportation, and Possession of Certain Cervid Parts Allowed. A person may import, transport, and possess the following parts of a dead cervid from a CWD positive area or a CWD management area:

(1) Antlers with no meat or soft tissue attached;

(2) Finished taxidermy mount;

(3) Hide, clean with no head attached;

(4) Boneless meat;

(5) Skull plate cleaned of all meat and brain tissue;

(6) Upper canine teeth, also known as buglers, whistlers, or ivories, cleaned of all soft tissue; and

(7) Leg quarters, to include the bones, meat or hide of the front or hind legs, of a cervid with no portion of the spinal column attached.

F. Notification Required.

(1) If a person imports a part of a dead cervid from a CWD positive area and receives notice after the importation that the cervid has tested positive for CWD, the person shall contact the Department within 24 hours after receiving the notice of a positive CWD test.

(2) If a person imports a part of a dead cervid from a CWD positive area and knows at the time of importation the cervid has tested positive for CWD, the person shall contact the Department within 24 hours of importation.

(3) The contact of the Department as required by §F(1) and (2) of this regulation shall be made by phone, fax, or email as prescribed on the Department's website or in the annual Guide to Hunting and Trapping in Maryland.

(4) The Department may assist with disposal of cervid parts from animals that have tested positive for CWD.

(5) The Department shall maintain a record of notifications received pursuant to this section for tracking purposes.

G. Temporary Possession Allowed.

(1) A person may import and possess any part of a dead cervid from a CWD positive area or a CWD management area if the dead cervid carcass or part does not remain in the State for longer than 24 hours.

(2) If any part of a cervid imported and possessed in the State as authorized by §G(1) of this regulation remains in the State for more than 24 hours, the person in possession shall notify the Department by phone, fax, or email as prescribed on the Department's website or in the annual Guide to Hunting and Trapping in Maryland.

(3) A person may transport a cervid carcass or part from a CWD management area to an authorized commercial deer processor within the same county within 24 hours of taking the cervid into possession.

(4) A person may transport a cervid carcass or part taken from a CWD management area to an authorized licensed taxidermist.

(5) An authorized commercial deer processor or authorized licensed taxidermist in Maryland may possess a cervid carcass or part originating from a CWD management area within Maryland.

H. A person may import and possess any part of a dead cervid from a CWD positive area or CWD management area out of the State, if within 24 hours of entering the State the dead cervid's final disposition is within a Maryland CWD management area or to a Department-approved CWD processor or taxidermist.

Md. Code Regs. 08.03.04.22

Regulation .22 adopted effective August 14, 2006 (33:16 Md. R. 1365)
Regulation .22 amended effective September 5, 2011 (38:18 Md. R. 1077); August 6, 2012 (39:15 Md. R. 963); amended effective 43:16 Md. R. 899, eff. 8/15/2016