§ 10-906. Regulated shooting grounds

   (a) Prerequisites to establishment and operation. -- Any person desiring to establish and operate a regulated shooting ground shall first obtain a permit from the Department.

(b) Issuance of permits; fees. --

   (1) The Department may issue a regulated shooting ground permit on payment of a reasonable fee and after determining that the establishment and operation of it does not conflict with any reasonable prior public interest.

   (2) The Department may not issue a new permit for a regulated shooting ground to an existing permit holder unless the report required under subsection (c)(2) of this section has been filed.

   (3) (i) As part of the application for a regulated shooting ground permit, a person may apply to the Department for authorization to allow hunting on Sunday as provided under § 10-410(a)(2)(iii) of this title.

      (ii) The Department shall ensure that all requirements and conditions of applicable law and regulations are met and that issuance of the authorization will not have an adverse impact on the conservation of native game species or to the public interest.

(c) Regulation of propagated wildlife. --

   (1) The Department, by regulation, shall govern and prescribe the size of the area, the method of hunting, the open and closed seasons, the release, possession, and use of propagated wildlife, and any reports the Department deems necessary.

   (2) The Department shall require each person holding a regulated shooting ground permit to file a report with the Department, on forms provided by the Department, by April 30 of each year for the most recently concluded hunting season. The report shall include:

      (i) The number and species of captive raised birds that have been released, killed, or recaptured on the regulated shooting ground each day;

      (ii) The number and species of all wild waterfowl that have been killed on the regulated shooting ground excluding any of the captive raised birds listed in subparagraph (i) of this paragraph;

      (iii) An estimate of how many captive raised birds by species were released and not captured; and

      (iv) Any outbreaks of avian influenza or other diseases in the captive raised birds raised, released, or captured on the regulated shooting ground.

   (3) The permittee shall maintain records of the number and species of captive raised birds purchased, the date on which they were purchased, and the name and address from whom they were purchased. These records shall be retained for 12 months from the date of the transaction.

   (4) The permittee shall report unusual death or sickness of captive raised birds immediately to the nearest Maryland Department of Agriculture animal health laboratory, and transport dead and sick captive raised birds to the nearest Maryland Department of Agriculture animal health laboratory for diagnostic examination.

   (5) The permittee shall allow the Department or the Department's representative to inspect:

      (i) Those records required to be maintained under paragraphs (2) and (3) of this subsection; and

      (ii) All hatcheries, equipment, and facilities used for rearing and holding captive raised birds.

   (6) The permittee shall allow the Department or the Department's representative to:

      (i) Collect environmental samples from all hatching, rearing, and holding facilities;

      (ii) Culture or biochemical test these samples for the presence of avian diseases; and

      (iii) Test a sample of captive raised birds from the permittee's flock. The permittee shall provide the Department captive raised birds for testing at no cost to the Department as the Department deems necessary.

(d) Special licenses; exemptions. --

   (1) Any person desiring to hunt on any regulated shooting ground shall first obtain a special license. However, a person holding a resident or nonresident hunter's license may not be required to obtain the license prescribed by this section.

   (2) The license shall bear the signature of the Secretary and shall be countersigned by the issuing agent who at the same time shall fill out a stub attached to the license with the name and address of the licensee. The agent then shall detach the stub and mail it to the Secretary the first day of each month. The agent shall retain 50 cents as compensation for issuing each license. The agent shall deliver the properly executed license to the applicant in person or by mail without further cost. The licensee shall insert the licensee's name in ink on the license at the time of purchase.

   (3) The Department shall charge a reasonable fee for the purchase of a special license.

   (4) The license shall expire on June 30 after the date of issuance.

   (5) The license is not transferable and if used or presented by any person other than the person to whom it was issued, the license shall be confiscated by the Secretary, any Natural Resources police officer, or any law enforcement officer.

(e) Pen-reared game birds; boundary posting requirements. -- Abrogated.

(f) Additional penalties. --

   (1) For the purposes of this subsection a second or subsequent conviction is a violation that has occurred within 2 years and that arises out of a separate set of circumstances.

   (2) In addition to any other penalty provided by the provisions of this title, if a person who holds a permit to establish and operate a regulated shooting ground under this section or any other guest of that person is convicted of violating on the premises of the regulated shooting ground a provision of State or federal law or regulation that establishes daily or seasonal bag limits, prohibits baiting, or prohibits the hunting of wetland game birds on a regulated shooting ground by the use or aid of live birds as decoys, the Secretary shall suspend the permit:

      (i) For the first conviction, for the following permit year; and

      (ii) For the second or subsequent conviction, for the following 2 permit years.

(g) Suspension of permit. -- If a regulated shooting ground permit is suspended, a new permit may not be issued for that regulated shooting ground, regardless of who applies, until the period of suspension ends.

HISTORY: 1986, ch. 805; 1988, ch. 462; 1990, ch. 6, § 2; 1991, ch. 55, § 1; ch. 359, § 1, 2; 1992, ch. 22, § 1; 1994, ch. 500, § 1, 2; 1995, ch. 513; 2001, ch. 29, § 1.