Md. Code Regs. 08.03.10.07 - Baiting
A. A person may not
hunt, or attempt to hunt, any upland game bird (except pheasant and quail) or
wetland game birds, by the aid of baiting, or on or over any baited area if the
person knows or reasonably should know that the area is a baited area.
B. Definitions.
(1) As used in this regulation, "baiting" means
the placing, exposing, depositing, distributing, or scattering of shelled, shucked
or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for
upland game birds (except pheasant and quail) or wetland game birds a lure,
attraction, or enticement to, on, or over any areas where hunters are attempting to
hunt them.
(2) "Baited area" means:
(a) Any area where shelled, shucked or unshucked
corn, wheat or other grain, salt, or other feed capable of luring, attracting, or
enticing upland game birds (except pheasant and quail) or wetland game birds is
directly or indirectly placed, exposed, deposited, distributed, or
scattered.
(b) With respect to mourning
dove or any wetland game bird, any area which has been seeded for a cover crop by
broadcasting, within the 10 days immediately preceding the hunting of mourning dove
or any wetland game birds, where the seed has not germinated or been plowed or
disced under, or removed by other means. An area is considered a baited area for 10
days following the complete removal of all corn, wheat or other grain, salt, or
other feed.
C.
However, this regulation does not prohibit:
(1)
The hunting of all upland game birds and wetland game birds on or over standing
crops, flooded standing crops (including aquatics), flooded harvested crop lands,
grain crops properly shocked on the field where grown, or grains found scattered
solely as the result of normal agricultural planting or harvesting (except as
prohibited in §B(2)(b) of this regulation);
(2) The hunting of all upland game birds (except
mourning dove) on or over any lands where shelled, shucked or unshucked corn, wheat
or other grain, salt, or other feed has been distributed or scattered as the result
of bona fide agricultural operations or procedures; and
(3) The hunting of all upland game birds on or
over any lands where grain has been distributed or scattered as a result of
manipulation of a crop or other feed on the land where grown for wildlife management
purposes, if manipulation for wildlife management purposes does not include
distributing or scattering grain or other feed once it has been removed from or
stored on the field where grown.
D. This regulation does not apply to propagating,
scientific, or other operations in accordance with the terms of permits issued
pursuant to Natural Resources Article, §
10-909, Annotated Code
of Maryland.
Notes
Regulations .07 were previously codified as under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)
Regulations .07 under COMAR 08.03.01 recodified to COMAR 08.03.10, with amendments effective June 26, 1989 (16:12 Md. R. 1333)
Regulation .07 amended as an emergency provision effective October 1, 1989 (16:21 Md. R. 2256); emergency status expired March 29, 1990; amended permanently effective June 11, 1990 (17:11 Md. R. 1341)
Regulation .07B, C amended as an emergency provision effective June 29, 1999 (26:15 Md. R. 1145); amended permanently effective October 4, 1999 (26:20 Md. R. 1544)
Regulation .07 amended effective 42:19 Md. R. 1228, eff.
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