Md. Code Regs. 08.03.07.10 - Resident Canada Goose Depredation Control
A.
In this regulation, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agricultural facilities" means any parcel or
parcels of land from which $1,000 or more of agricultural products were produced and
sold, or normally have been produced and sold, during the last 12 month
period.
(2) "Agricultural producer"
means an agricultural lease holder, farm manager, landowner, or sharecropper, who is
actively engaged in commercial agriculture.
(3) "Resident Canada goose" means a Canada goose
that:
(a) Nests within Maryland; or
(b) Resides in Maryland during the months of
April, May, June, July, and August.
(4) "Wildlife Services" means the United States
Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife
Services.
C. Authorization
Required.
(1) If a person complies with this
regulation the person may use lethal means to control resident Canada geese or
destroy the nest or eggs of resident Canada geese, outside the provisions of the
Canada goose hunting seasons established annually by the U.S. Fish and Wildlife
Service.
(2) Authorization is not needed
to use nonlethal methods to control resident Canada geese to resolve or prevent
injury to people, property, agricultural crops or other interests.
D. Resident Canada Goose Nests and
Eggs.
(1) The Code of Federal Regulations, 50 CFR
§ 21.50 :
(a) Authorizes persons registered
with the U.S. Fish and Wildlife Service to destroy resident Canada goose nests and
eggs on property under their jurisdiction when necessary to resolve or prevent
injury to people, property, agricultural crops, or other interests; and
(b) Specifies terms and conditions under which
this action may be taken.
E. Resident Canada Goose Nests and Eggs.
(1) The Code of Federal Regulations, 50 CFR §
21.51 :
(a) Authorizes the Department to allow
agricultural producers to conduct and implement various control methods for resident
Canada geese at agricultural facilities; and
(b) Specifies terms and conditions under which
this action may be taken.
(2)
Subject to the provisions of 50 CFR § 21.51, the Department establishes
procedures and conditions for the control of resident Canada geese at agricultural
facilities.
(3) Permit Required.
(a) An agricultural producer who wishes to control
resident Canada geese at agricultural facilities may do so after obtaining a permit
from the Department through Wildlife Services.
(b) To obtain a permit under §E(3) of this
regulation, the individual shall:
(i) Be an
agricultural producer at an agricultural facility suffering from resident Canada
goose depredation; and
(ii) Apply to
Wildlife Services in person at 1568 Whitehall Road, Annapolis, MD 21409, or by
telephone to 1-877-463-6497.
(4) Term. Permits are valid from the date of issue
until August 31 and are issued annually.
(5) Permitted Individuals. Agricultural producers
at an agricultural facility suffering from resident Canada goose depredation and
their employees or agents may act under the authority of a permit.
(6) Permit Possession Required. All individuals
acting under the authority of a resident Canada goose depredation permit shall have
in their possession a copy of the permit.
(7) Methods of Control.
(a) Permittees should use nonlethal goose
management tools to the extent they consider appropriate. To minimize lethal
control, agricultural producers should adhere to the following procedure:
(i) Assess the problem to determine its extent or
magnitude and its impact to current operations;
(ii) Determine the appropriate control method to
be used;
(iii) Base control methods on
sound biological, environmental, social, and cultural factors;
(iv) Formulate a control strategy that encourages
the use of several control techniques rather than relying on a single method;
and
(v) Implement nonlethal management
techniques, such as harassment and habitat modification, in conjunction with take
authorized under §E of this regulation.
(b) The following methods of take for the control
of resident Canada geese are permitted:
(i) Egg
oiling;
(ii) Egg and nest
destruction;
(iii) Shotguns;
(iv) Lethal and live traps;
(v) Nets;
(vi) Registered animal drugs, pesticides, and
repellants;
(vii) Cervical dislocation;
and
(viii) CO2
asphyxiation.
(c) Resident
Canada geese caught live shall be euthanized.
(d) Persons using shotguns shall use nontoxic
shot, in accordance with 50 CFR
§
20.21(j).
(e) Persons conducting egg oiling shall use 100
percent corn oil.
(8) Timing
of Control.
(a) Authorized agricultural producers
and their employees and agents may only conduct management and control activities
involving the take of resident Canada geese, under this regulation from April 1
through August 31.
(b) The destruction
of the nests and eggs of resident Canada geese may take place at any time of
year.
(9) Possession and
Transport. Permitted agricultural producers and their employees and agents may
possess, transport, and otherwise dispose of resident Canada geese taken under this
regulation.
(10) Disposal. Birds taken
under this regulation shall be disposed of by:
(a)
Donation to public museums or public institutions for scientific or educational
purposes;
(b) Processing for human
consumption and subsequent distribution free of charge to charitable
organizations;
(c) Burial; or
(d) Incineration.
(11) Sale. Resident Canada geese or resident
Canada goose plumage or eggs taken under §E of this regulation may not be sold,
offered for sale, bartered, or shipped for the purpose of sale or barter.
(12) Scientific Specimens. Specimens requested for
scientific purposes by the Director of the U.S. Fish and Wildlife Service or the
Department may not be destroyed and shall be provided to the requesting
authority.
(13) Banded Geese.
Information on geese carrying metal leg bands or other alpha-numeric markers shall
be submitted to the Bird Banding Laboratory website at
http://www.reportband.gov.
(14) Landowner Permission. Resident Canada geese
may be taken only on land:
(a) Which a permittee
owns, leases for agricultural purposes, or on which the permittee has written
permission from the landowner; and
(b)
Where resident Canada geese are committing depredation to agricultural
crops.
(15) Use of Devices.
Agricultural producers, employees, and agents operating under the provisions of this
regulation may not use decoys, calls, or other devices to lure birds within gun
range.
(16) Record Keeping and
Reporting.
(a) Each permittee shall keep a log
contemporaneously with the activity that indicates the date and number of birds
killed and the date and number of nests and eggs taken under the authority of the
permit.
(b) The log shall be kept by the
permittee for 3 years.
(c) The log and
any related records shall be made available to any federal or State wildlife
enforcement officer upon request during normal business hours.
(d) The permittee must submit an annual report in
a form prescribed by the Department and Wildlife Services to the Wildlife Services,
1568 Whitehall Road, Annapolis, MD 21409 by September 30 of each year detailing by
county the number of birds, nests, and eggs taken.
F. Resident Canada Geese at Airports and Military
Airfields.
(1) The Code of Federal Regulations, 50
CFR § 21.49 :
(a) Authorizes managers at
commercial, public, and private airports, and their employees or their agents, and
military air operation facilities, and their employees or their agents, to establish
and implement a control and management program if necessary to resolve or prevent
threats to public safety from resident Canada geese; and
(b) Specifies terms and conditions under which
this action may be taken.
(2)
A person may control resident Canada geese if the person is authorized in accordance
with 50 CFR § 21.49 and in compliance with the provisions of 50 CFR §
21.49.
(3) Resident Canada geese caught
live shall be euthanized.
G.
Federal Migratory Bird Depredation Permit.
(1) The
Code of Federal Regulations, 50 CFR § 21.41 :
(a) Authorizes the U.S. Fish and Wildlife Service
to issue permits to persons for the control of resident Canada geese; and
(b) Specifies terms and conditions under which
this action may be taken.
Notes
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