Md. Code Regs. 08.03.13.06

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

Section 08.03.13.06 - 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 f.

(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.

Md. Code Regs. 08.03.13.06

Regulations .06 and G adopted effective August 13, 2007 (34:16 Md. R. 1431)