Md. Code Regs. 08.03.09.11 - Deer Cooperator License
A. Scope. A deer
cooperator license issued by the Service allows a licensee to conduct deer removal
and handling operations upon issuance of an Operational Plan in accordance with
§E of this regulation. The fee to apply for this license is $100. A license
expires 1 year from the date it is issued. If the Service does not issue the
license, the fee shall be refunded. There are two deer cooperator licenses as
follows:
(1) Agricultural Deer Cooperator License:
valid only on agricultural lands actively farmed for commercial crops. An applicant
for an Agricultural Deer Cooperator License shall be the owner or lessee of the
properties covered under the Deer Cooperator Operational Permit as described in
§E(1) of this regulation, or their employee.
(2) General Deer Cooperator License: valid on
commercial, private, or other lands. An applicant shall be an owner or lessee of the
properties covered under the Deer Cooperator Operational Permit as described in
§E(1) of this regulation, or their designee. General Deer Cooperator licensees
may also conduct operations as an Agricultural Deer Cooperator in accordance with
the requirements of §E(1)(c) of this regulation.
B. The requirements of this chapter are in
addition to any requirements imposed by any other agency of State, federal, or local
government relating to the:
(1) Possession or
transportation of deer;
(2) Possession
of firearms, ammunition, optics, and suppressors;
(3) Possession of drugs for anesthetizing
deer;
(4) Possession or discharge of a
firearm during the day or night; or
(5)
Use of centerfire rifles or handguns.
C. Qualifications for a Deer Cooperator License.
(1) An individual may not apply for a deer
cooperator license if the individual has been convicted of any State or federal
natural resources violation within 5 years prior to the date of
application.
(2) An individual applying
for a deer cooperator license shall successfully complete a written examination
administered by the Service.
(3) The
written examination for a deer cooperator license may contain questions relating to:
(a) Deer ecology;
(b) Deer conflicts with humans;
(c) Lethal and nonlethal deer management
alternatives;
(d) Current statutes and
regulations pertaining to wildlife, lethal control devices, and other equipment
details;
(e) Deer data collection
methodology; and
(f) Other questions
necessary to determine an individual's ability to adequately assess, describe, and
implement a safe and effective deer operation.
(4) An individual applying for a deer cooperator
license is required to successfully complete a shooting proficiency test
administered by the Service or a certified NRA instructor, or provide proof of
successful completion of a preapproved comparable shooting proficiency
test.
(5) Effective July 1, 2023, all
new deer cooperator license holders and certified shooters for lethal operations
shall possess a valid Maryland hunting license unless exempted from the license
requirement pursuant to Natural Resources Article, §
10-301(c),
Annotated Code of Maryland.
(6) All deer
cooperator license holders and certified shooters shall meet the requirement of
competency in firearms and hunter safety in accordance with Natural Resources
Article, §
10-301.1, Annotated Code
of Maryland.
D. Qualification
of Certified Shooters.
(1) Certified shooters may
operate under a deer cooperator licensee to assist with operations.
(2) An individual may not apply to become a
certified shooter if the individual has been convicted of any State or federal
natural resources violation within 5 years prior to the date of
application.
(3) An individual applying
to become a certified shooter is required to successfully complete a shooting
proficiency test administered by the Service or a certified NRA instructor, or
provide proof of successful completion of a preapproved comparable shooting
proficiency test.
(4) Effective July 1,
2023, all new deer cooperator license holders and certified shooters for lethal
operations shall possess a valid Maryland hunting license. Exempt from this
requirement to possess a hunting license are those individuals so exempted pursuant
to Natural Resources Article, §
10-301(c),
Annotated Code of Maryland.
(5) All deer
cooperator license holders and certified shooters shall meet the requirement of
competency in firearms and hunter safety in accordance with Natural Resources
Article, §
10-301.1, Annotated Code
of Maryland.
E. Permits for
Conducting Operations Under the Deer Cooperator License.
(1) A deer cooperator licensee shall submit an
operational plan to the Service at least 45 days before the planned commencement of
each operation. The Service shall review the plan within 45 days and issue an
operational permit upon approval of the plan. Any corrections needed within the plan
will require an additional 45-day review. The four types of Operational Permits are
defined as:
(a) Public Safety Operational Permit:
issued for airports operating under the authority of the Maryland Aviation
Administration or a state or federal law enforcement agency certified police driver
training facility where deer have been documented to cause a threat to public
safety. Permits shall be valid from July 1 through June 30.
(b) Standard Operational Permit: issued to
applicants where documented deer damage has occurred and all other efforts to manage
the deer herd have been exhausted. Permits shall be valid from January 15 through
April 15.
(c) Agricultural Operational
Permit: issued on agricultural lands actively farmed for commercial commodities.
Applicants for an Agricultural Deer Cooperator Operational Permit shall be the owner
or lessee, of the property where the deer management will occur, or their employee.
Permits shall be valid from January 15 through April 15.
(d) Non-Lethal Operational Permit: issued for
operations where deer are live-captured and released for the purpose of research or
fertility control treatments authorized by the Service. Permits shall be valid from
January 15 through April 15.
(2) The operational plan shall include:
(a) Type of operational permit being
requested;
(b) Written permission from
the owner or owners of the land covered under the Operational Plan;
(c) The area-specific deer problem;
(d) The current and projected impacts of the
operation to local social and ecological conditions;
(e) All measures that have previously been taken
to address the existing deer problem;
(f) For Standard and Agricultural Permits, current
documentation evidencing community support for the proposed operation, which shall
be dated within 2 years of the proposed operation and include, but not be limited
to:
(i) Results of opinion surveys;
(ii) Supporting letters from community leaders or
elected officials; or
(iii) Supporting
letters from nearby residents.
(g) Letter of authorization from the county office
of law permitting the use of centerfire rifles that are otherwise prohibited for
deer hunting in the county;
(h) Letter
of authorization from the county office of law permitting discharge of weapons at
night;
(i) The intended number and sex
of deer to be removed or handled, with disposal of antlered deer to be considered on
a site-by-site basis;
(j) Hours of
operation;
(k) Detailed description of
the location of the operation with accompanying aerial photograph or location
map;
(l) Deer biological data collection
procedures;
(m) Copies of contracts
between permit holders and landowners;
(n) Specific details about lethal operations,
including:
(i) A list of certified shooters,
including full names and date of birth;
(ii) Weapons or euthanasia equipment to be used in
the operation, including make, model, and caliber;
(iii) Ammunition or euthanasia drugs to be used in
the operation;
(iv) Additional
equipment, including, but not limited to, night vision, suppressors including brand
name, spotlights, or trapping equipment;
(v) Shooting distances and positions, including,
but not limited to, bait station, tree stand, or vehicle;
(vi) Copies of permits or licenses required from
the State, federal, or local governments to possess deer or administer drugs to
deer;
(vii) Carcass retrieval and
tagging procedures;
(viii) Entrails
removal and disposition procedures; and
(ix) Plan for final disposition of venison,
including the name of the processing facility and contract documents related to
disposition, in accordance with §G of this regulation;
(o) Specific details about non-lethal operations
or operations that otherwise require the handling of live deer, including:
(i) Capture method to be used;
(ii) Types and volumes of anesthesia and
immobilizing agents to be used;
(iii) A
detailed description of drug delivery devices and methods;
(iv) Copies of permits or licenses required from
the State, federal, or local governments to possess deer or administer drugs to
deer;
(v) Drug handling certifications
or licenses;
(vi) Deer handling
equipment and methodology;
(vii) Live
transport methods, including equipment and methodology;
(viii) Marking or tagging equipment and
methods;
(ix) Disposition of deer;
and
(x) Professional licensing
documentation from any cooperating agencies, organizations, veterinarians, or
individuals, including law enforcement, elected officials, communities, or
government agencies; and
(p)
For public safety permit holders, the following for annual renewal of their ongoing
operational plan:
(i) A list of certified shooters
including full name and date of birth;
(ii) Written permission from the owner or owners
of the land covered under the Operational Plan;
(iii) If the office of law signatory changes, an
updated letter of authorization from the county office of law permitting
night-shooting and the use of centerfire rifles that are otherwise prohibited for
deer hunting in the county where the operation occurs;
(iv) The intended number and sex of deer to be
removed or handled, with antlered deer to be considered on a site -by-site
basis;
(v) Hours of operation;
(vi) Plan for final disposition of venison,
including the name of the processing facility and contract documents, in accordance
with §G of this regulation.
(vii)
Copies of contracts between permit holders and landowners; and
(viii) Any changes to the existing Operational
Plan.
F.
All deer taken under the authority of any Deer Cooperator License shall be processed
for consumption unless the Deer Cooperator reports to the Department that the deer
was unfit for consumption. The disposition of all deer shall be included in the
report filed with the Department.
G.
Deer taken on federal, State or county lands shall be commercially processed and
donated to a local food bank unless another recipient of the donation or means of
disposal is approved by the Service.
H.
If the operational plan is conducted within the established Chronic Wasting Disease
(CWD) Management Area described on the Service's website, the licensee:
(1) May be required to collect CWD samples and
furnish them to the Service in accordance with approved collection methods per COMAR
08.03.04.22; and
(2) May be required to process all deer at an
authorized commercial deer processor.
I. If the licensee is entering into a contract for
deer cooperator services, the terms of the contract shall be provided for deer
management services. All contracts shall include the parties to the contract, the
price terms for all products and services, the time period covered by the contract,
and any other requirements and deliverables contemplated by the parties.
J. The Service shall conduct an evaluation before
approving or denying an operational plan.
K. If the Service approves the operational plan,
it shall issue an approval document in writing to the licensed deer control
cooperator. This approval document shall describe:
(1) The number of deer to be removed or
handled;
(2) The hours of
operation;
(3) Approved weapons and
associated equipment;
(4) Location of
the activities;
(5) Deer data collection
requirements;
(6) Venison processing and
nonedible parts disposition;
(7) Any
reporting procedure that the Service determines is necessary;
(8) Any additional terms or conditions the Service
determines are necessary to provide for public safety or the success of the plan;
and
(9) A list of approved
shooters.
L. A deer
cooperator licensee shall contact local law enforcement and Natural Resources Police
within 48 hours of undertaking the operational plan in accordance with the
instructions on the approval document.
M. Appeal Procedure. An individual who has applied
to the Service for a deer cooperator license or submitted an operational plan
proposal as an approved deer cooperator permittee and has been denied a license or
operational plan approval, may file, within 15 days after the decision was mailed, a
petition for a hearing with the Director of the Service. The Director of the Service
shall render a decision in writing to the complainant within 15 days after the date
of the hearing. If the complainant is further aggrieved, the complainant may
initiate proceedings for an appeal to the Secretary of Department of Natural
Resources, Tawes State Office Building, Annapolis, Maryland 21401. The appeal
procedure for the denial of a deer cooperator permit or operational plan approval is
not a contested case hearing under State Government Article, Title 10, Subtitle 2,
Annotated Code of Maryland, and COMAR 08.01.04.
N. The Service may revoke or suspend the deer
cooperator license or permit if the Service finds that the licensee or any certified
shooter violated:
(1) The terms and conditions of
the permit;
(2) The terms and conditions
of the approval document; or
(3) Any
State or federal wildlife law or regulation.
O. The Service shall provide the 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 cooperator permit.
P.
Violation. A violation of any provision or restriction on the Deer Cooperator
License or Deer Cooperator Operational Permit constitutes a violation of this
regulation.
Q. The time of year
requirements in §E(1) of this regulation shall sunset and have no further force
and effect on January 1, 2025.
Notes
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