Search
Bill number does not exist. Enter a vaild keyword.

Statutes Text

Article - Natural Resources




§10–410.    IN EFFECT

    (a)    (1)    Except as otherwise provided in this subsection, a person may not hunt any game bird or mammal on Sundays.

        (2)    The following persons may hunt the specified game birds and mammals on Sundays:

            (i)    A person using State certified raptors to hunt game birds or mammals during open season;

            (ii)    An unarmed person participating in an organized fox chase to chase foxes;

            (iii)    Provided that the provisions of § 10–906(b)(3) of this title are met, a person:

                1.    Using a regulated shooting ground under § 10–906 of this title to hunt the following pen–reared game birds:

                A.    Pheasants;

                B.    Bobwhite quail;

                C.    Chukar partridge;

                D.    Hungarian partridge;

                E.    Tower released flighted mallard ducks; and

                F.    Turkey on a regulated shooting ground that was permitted to release turkey before September 1, 1992; and

                2.    Having the written permission of the owner of the land or other person designated by the owner of the land, if the land is owned or leased by a person other than the person hunting on Sundays;

            (iv)    Subject to the provisions of § 10–411 of this subtitle, in Calvert, Caroline, Carroll, Charles, Harford, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties, a person hunting deer on private property with a bow and arrow or crossbow during open season on the last three Sundays in October and the second Sunday in November;

            (v)    In Calvert County, Caroline County, Carroll County, Charles County, Dorchester County, and Kent County, a person hunting turkey on private property on any Sunday during the spring turkey hunting season;

            (vi)    In Dorchester County, a person hunting turkey on public land that is designated for hunting by the Department on any Sunday during the spring turkey hunting season; and

            (vii)    A person hunting deer under a Deer Management Permit on any Sunday throughout the year, including all deer hunting seasons.

        (3)    Subject to the provisions of § 10–415 of this subtitle, in Calvert County, Caroline County, Charles County, Harford County, Queen Anne’s County, Somerset County, and Worcester County, a person may hunt deer on private property on:

            (i)    The first Sunday of the bow hunting season in November; and

            (ii)    Each Sunday in the deer firearms season.

        (4)    Provided that the provisions of § 10–415 of this subtitle are met and subject to paragraph (5) of this subsection, the Department may allow a person to hunt deer on private property on the first Sunday of:

            (i)    The bow hunting season in November; and

            (ii)    The deer firearms season.

        (5)    Subject to paragraphs (10) and (11) of this subsection, the Sunday deer hunting provisions under paragraph (4) of this subsection do not apply:

            (i)    In Baltimore, Howard, Kent, Montgomery, and Prince George’s counties; and

            (ii)    In Baltimore City.

        (6)    (i)    This paragraph applies only in Carroll County.

            (ii)    Subject to §§ 10–411 and 10–415 of this subtitle, the Department may allow a person to hunt deer on a Sunday on private property from the first Sunday in October through the second Sunday in January of the following year, inclusive.

        (7)    A person who is 16 years of age or younger may hunt deer with a firearm on a Sunday through participation in the junior deer hunt established under § 10–405(a) of this subtitle.

        (8)    (i)    This paragraph applies only in Allegany County, Cecil County, Garrett County, and Washington County.

            (ii)    The Department may allow a person to hunt any game bird or game mammal, except migratory game birds, on a Sunday during the open season for that game bird or game mammal on:

                1.    Private property, subject to § 10–411 of this subtitle; and

                2.    Public land that is designated for Sunday hunting by the Department.

        (9)    (i)    This paragraph applies only in Frederick County.

            (ii)    Subject to § 10–415 of this subtitle, the Department may allow a person to hunt deer on a Sunday from the first Sunday in October through the second Sunday in January of the following year, inclusive, on:

                1.    Private property, subject to § 10–411 of this subtitle; and

                2.    Public land that is designated for Sunday hunting by the Department.

        (10)    (i)    This paragraph applies only in Kent County.

            (ii)    Subject to §§ 10–411 and 10–415 of this subtitle and subparagraph (iii) of this paragraph, the Department may allow a person to hunt deer on a Sunday on private property throughout all deer hunting seasons.

            (iii)    1.    Except as provided in subsubparagraph 2 of this subparagraph, during firearms season, the Department may allow a person to hunt deer on a Sunday only from 30 minutes before sunrise until 10:30 a.m.

                2.    The time restrictions under this subparagraph do not apply:

                A.    To a participant in the junior deer hunt under § 10–405(a) of this subtitle; and

                B.    On private land only on one Sunday designated by the Department during the firearms season.

        (11)    (i)    This paragraph applies only in Montgomery County.

            (ii)    Subject to § 10–415 of this subtitle, the Department may allow a person to hunt deer on a Sunday throughout the deer hunting season on private property, subject to § 10–411 of this subtitle.

            (iii)    1.    Except as provided in subsubparagraph 2 of this subparagraph, the Department may allow a person to hunt deer on a Sunday under this paragraph only from 30 minutes before sunrise until 10:30 a.m.

                2.    The time restrictions under this subparagraph do not apply:

                A.    To a participant in the junior deer hunt under § 10–405(a) of this subtitle;

                B.    On private land only on one Sunday designated by the Department during deer bow hunting season; and

                C.    On private land only on one Sunday designated by the Department during the firearms season.

        (12)    (i)    This paragraph applies only in Dorchester County.

            (ii)    Subject to §§ 10–411 and 10–415 of this subtitle, the Department may allow a person to hunt deer on private property on the second and third Sunday of the deer firearms season.

            (iii)    Subject to §§ 10–411 and 10–415 of this subtitle, the Department may allow a person to hunt deer on private property on a Sunday during the bow hunting season from the first Sunday in October through the second Sunday in January the following year, inclusive.

            (iv)    Subject to §§ 10–411 and 10–415 of this subtitle, the Department may allow a person to hunt deer on private property on a Sunday during the deer muzzle loader season.

        (13)    (i)    This paragraph applies only in St. Mary’s County.

            (ii)    The Department may allow a person to hunt any game bird or game mammal, except migratory game birds, on a Sunday during the open season for that game bird or game mammal on:

                1.    Except in State parks, public land designated by the Department; or

                2.    Private property, subject to § 10–411 of this subtitle.

        (14)    (i)    This paragraph applies only in Wicomico County.

            (ii)    Subject to § 10–415 of this subtitle, the Department may allow a person to hunt deer on private property on the second Sunday in deer firearms season from 30 minutes before sunrise until 10:30 a.m.

    (b)    A person may not hunt any game bird or mammal, except raccoon and opossum, at nighttime.

    (c)    (1)    A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4–203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

        (2)    If this subsection is violated by an occupant of a vehicle which has 2 or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, if present, shall be presumed to be responsible for the violation. In the absence of the owner of the vehicle, the operator of the vehicle shall be presumed to be responsible for the violation.

        (3)    Provisions of this subsection do not apply to a disabled person who obtains a special permit under § 10–307 of this title.

    (d)    (1)    (i)    For the purposes of this subsection, “off–road vehicle” means a motorized vehicle designed for or capable of cross–country travel on land, water, snow, ice, marsh, swampland, or other natural terrain.

            (ii)    “Off–road vehicle” includes four–wheel drive or low–pressure tire vehicles, automobiles, trucks, motorcycles and related two–wheel vehicles, amphibious machines, ground–effect or air–cushion vehicles, snowmobiles, boats, farm–type tractors, earth–moving or construction equipment, lawn mowers, snowblowers, garden or lawn tractors, or golf carts.

        (2)    A person may not pursue wildlife with an off–road vehicle.

    (e)    (1)    A person or 2 or more persons together may not hunt or attempt to hunt at nighttime any species of wild bird or wild quadruped with a light, including the headlights of any vehicle, and a person may not cast the rays of any artificial light when the rays emanate from a vehicle on any woods, fields, orchards, livestock, wild animals or birds, dwellings, or buildings. The provisions of this paragraph do not apply to the normal use of headlights of a vehicle traveling on any public or private road in a normal manner, to any police, emergency or utility company vehicle using spotlights in the performance of their duties, or to any farmer or landowner on the farmer’s or landowner’s own or leased land using artificial lights to check on the farmer’s or landowner’s land, crops, livestock, or poultry. However, raccoons, fox, or opossum may be hunted on foot at nighttime during open season with the use of a dog or light, or both.

        (2)    (i)    In Baltimore City and Montgomery and Prince George’s counties only, a person may cast the rays of an artificial light from a vehicle on woods, fields, orchards, livestock, wild animals, or wild birds for the sole purpose of observing or photographing wildlife until 9:00 p.m.

            (ii)    If a person casts the rays of any artificial light under this paragraph, the person has the burden of establishing that the person was doing so for the purposes of observing or photographing wildlife.

            (iii)    If a person casting artificial light under this paragraph or anyone with the person casting artificial light has a firearm or bow in the person’s possession, the person shall be presumed to be in violation of paragraph (1) of this subsection.

    (f)    A person may not shoot at any species of wildlife on, from, or across any paved public highway or the shoulder of the highway. A person may not shoot from any public highway, whether paved or unpaved, in Kent County and Queen Anne’s County or shoot from any public road, whether paved or unpaved, within the boundaries of the Hanover municipal waterworks property in Carroll County.

    (g)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, a person, other than the owner or occupant, while hunting for any wild bird or mammal may not shoot or discharge any firearm or other deadly weapon within 150 yards, known as the “safety zone”, of a dwelling house, residence, church, or other building or camp occupied by human beings, or shoot at any wild bird or mammal while it is within this area, without the specific advance permission of the owner or occupant.

        (2)    A person, while hunting for any wild bird or mammal, may not shoot or discharge any firearm within 300 yards of a public or nonpublic school during school hours or at a time when a school–approved activity is taking place.

        (3)    (i)    For archery hunters in Calvert County, Carroll County, Cecil County, Frederick County, Harford County, Montgomery County, St. Mary’s County, or Washington County, the safety zone described in paragraph (1) of this subsection extends for 50 yards from a dwelling house, residence, church, or any other building or camp occupied by human beings.

            (ii)    For archery hunters in Anne Arundel County, the safety zone described in paragraph (1) of this subsection extends for 100 yards from a dwelling house, residence, church, or any other building or camp occupied by human beings.

        (4)    During any open hunting season, a person, other than the owner or occupant, may not hunt or chase willfully any wild bird or mammal within the safety zone without the specific advance permission of the owner or occupant.

        (5)    In Harford County, an archery hunter shall use a tree stand when hunting any wild bird or mammal within 50 to 100 yards of a dwelling house, residence, church, public or nonpublic school, or other building or camp occupied by human beings.

        (6)    In Montgomery County or Washington County, an archery hunter shall be in an elevated position that allows the hunter to shoot in a downward trajectory when hunting any wild bird or mammal within 50 to 100 yards of a dwelling house, residence, church, public or nonpublic school, or other building or camp occupied by human beings.

    (h)    A person may not dig in or drive a motor vehicle on any cleared field while hunting, except with the permission of the owner, tenant, or other person in charge of the land, or park or leave standing any motor vehicle so that the motor vehicle blocks the means of ingress or egress to any person’s property, cattle ways, or fields.

    (i)    A person may not carry a firearm to hunt any wild bird, mammal, amphibian, or reptile while intoxicated or under the influence of alcohol or any narcotic drug.

    (j)    (1)    A person may not hunt or attempt to hunt wild birds or mammals from an aircraft within the State.

        (2)    Any person who violates provisions of this subsection is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months or both, with costs imposed in the discretion of the court.

    (k)    A person may not set any trap, except box traps for rabbits, net, or snare of any description to take any game birds or mammals, except fur–bearing mammals. A trap, net, or snare found in the possession of any person shall be prima facie evidence that the device was used to violate this subsection. A law enforcement officer of the State shall confiscate and destroy the device. A person may not place traps of any description on another person’s property without the other person’s written permission.

    (l)    A person may not hunt with any ferret or weasel.

    (m)    A person may not kill, attempt to kill, or injure by poison wildlife or domestic poultry.

    (n)    A person may not smoke, burn, injure, hunt, or molest any game birds or mammals in any den or damage or destroy the den of any game bird or mammal.

    (o)    (1)    In Anne Arundel, Baltimore, Howard, Montgomery, and Prince George’s counties, a person may not use, set, place, or maintain any steel jaw leghold trap on land. The steel jaw leghold trap may be used for the capture of fur–bearing mammals in water only.

        (2)    This subsection does not apply to:

            (i)    Traps set on farmland by the owner of the farmland, by the owner’s agent or tenant, owner’s lessee, or by any member of the owner’s or tenant’s immediate family who resides on the farmland; or

            (ii)    Traps set by an authorized agent of the Maryland Forest, Park and Wildlife Service who exercises the agent’s duties for wildlife control under guidelines established by the Department.

    (p)    (1)    (i)    “Snare trap” means a device made of wire, synthetic cord, or other material that:

                1.    Is in the form of a noose with a slipknot, stop, swivel, or eyelet holes; and

                2.    Is designed or set with the intent of capturing an animal by the neck.

            (ii)    “Snare trap” includes:

                1.    A pole snare;

                2.    A hanging snare; and

                3.    A neck snare.

        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, in Anne Arundel, Baltimore, Carroll, Cecil, Harford, Montgomery, and Prince George’s counties, a person may not use, sell, possess, set, place, or maintain a snare trap.

            (ii)    In Anne Arundel County, from July 1, 1990 through June 30, 1992, a person may sell or possess a snare trap.

§10–410.    // EFFECTIVE JUNE 30, 2022 PER CHAPTER 459 OF 2017 //

    (a)    (1)    Except as otherwise provided in this subsection, a person may not hunt any game bird or mammal on Sundays.

        (2)    The following persons may hunt the specified game birds and mammals on Sundays:

            (i)    A person using State certified raptors to hunt game birds or mammals during open season;

            (ii)    An unarmed person participating in an organized fox chase to chase foxes;

            (iii)    Provided that the provisions of § 10–906(b)(3) of this title are met, a person:

                1.    Using a regulated shooting ground under § 10–906 of this title to hunt the following pen–reared game birds:

                A.    Pheasants;

                B.    Bobwhite quail;

                C.    Chukar partridge;

                D.    Hungarian partridge;

                E.    Tower released flighted mallard ducks; and

                F.    Turkey on a regulated shooting ground that was permitted to release turkey before September 1, 1992; and

                2.    Having the written permission of the owner of the land or other person designated by the owner of the land, if the land is owned or leased by a person other than the person hunting on Sundays;

            (iv)    Subject to the provisions of § 10–411 of this subtitle, in Calvert, Caroline, Carroll, Charles, Harford, Queen Anne’s, Somerset, Talbot, Wicomico, and Worcester counties, a person hunting deer on private property with a bow and arrow or crossbow during open season on the last three Sundays in October and the second Sunday in November;

            (v)    In Calvert County, Caroline County, Carroll County, Charles County, Dorchester County, and Kent County, a person hunting turkey on private property on any Sunday during the spring turkey hunting season;

            (vi)    In Dorchester County, a person hunting turkey on public land that is designated for hunting by the Department on any Sunday during the spring turkey hunting season; and

            (vii)    A person hunting deer under a Deer Management Permit on any Sunday throughout the year, including all deer hunting seasons.

        (3)    Subject to the provisions of § 10–415 of this subtitle, in Calvert County, Caroline County, Charles County, Harford County, Queen Anne’s County, Somerset County, and Worcester County, a person may hunt deer on private property on:

            (i)    The first Sunday of the bow hunting season in November; and

            (ii)    Each Sunday in the deer firearms season.

        (4)    Provided that the provisions of § 10–415 of this subtitle are met and subject to paragraph (5) of this subsection, the Department may allow a person to hunt deer on private property on the first Sunday of:

            (i)    The bow hunting season in November; and

            (ii)    The deer firearms season.

        (5)    Subject to paragraph (10) of this subsection, the Sunday deer hunting provisions under paragraph (4) of this subsection do not apply:

            (i)    In Baltimore, Howard, Kent, and Prince George’s counties; and

            (ii)    In Baltimore City.

        (6)    (i)    This paragraph applies only in Carroll County.

            (ii)    Subject to §§ 10–411 and 10–415 of this subtitle, the Department may allow a person to hunt deer on a Sunday on private property from the first Sunday in October through the second Sunday in January of the following year, inclusive.

        (7)    A person who is 16 years of age or younger may hunt deer with a firearm on a Sunday through participation in the junior deer hunt established under § 10–405(a) of this subtitle.

        (8)    (i)    This paragraph applies only in Allegany County, Cecil County, Garrett County, and Washington County.

            (ii)    The Department may allow a person to hunt any game bird or game mammal, except migratory game birds, on a Sunday during the open season for that game bird or game mammal on:

                1.    Private property, subject to § 10–411 of this subtitle; and

                2.    Public land that is designated for Sunday hunting by the Department.

        (9)    (i)    This paragraph applies only in Frederick County.

            (ii)    Subject to § 10–415 of this subtitle, the Department may allow a person to hunt deer on a Sunday from the first Sunday in October through the second Sunday in January of the following year, inclusive, on:

                1.    Private property, subject to § 10–411 of this subtitle; and

                2.    Public land that is designated for Sunday hunting by the Department.

        (10)    (i)    This paragraph applies only in Kent County.

            (ii)    Subject to §§ 10–411 and 10–415 of this subtitle and subparagraph (iii) of this paragraph, the Department may allow a person to hunt deer on a Sunday on private property throughout all deer hunting seasons.

            (iii)    1.    Except as provided in subsubparagraph 2 of this subparagraph, during firearms season, the Department may allow a person to hunt deer on a Sunday only from 30 minutes before sunrise until 10:30 a.m.

                2.    The time restrictions under this subparagraph do not apply:

                A.    To a participant in the junior deer hunt under § 10–405(a) of this subtitle; and

                B.    On private land only on one Sunday designated by the Department during the firearms season.

        (11)    (i)    This paragraph applies only in Dorchester County.

            (ii)    Subject to §§ 10–411 and 10–415 of this subtitle, the Department may allow a person to hunt deer on private property on the second and third Sunday of the deer firearms season.

            (iii)    Subject to §§ 10–411 and 10–415 of this subtitle, the Department may allow a person to hunt deer on private property on a Sunday during the bow hunting season from the first Sunday in October through the second Sunday in January the following year, inclusive.

            (iv)    Subject to §§ 10–411 and 10–415 of this subtitle, the Department may allow a person to hunt deer on private property on a Sunday during the deer muzzle loader season.

        (12)    (i)    This paragraph applies only in St. Mary’s County.

            (ii)    The Department may allow a person to hunt any game bird or game mammal, except migratory game birds, on a Sunday during the open season for that game bird or game mammal on:

                1.    Except in State parks, public land designated by the Department; or

                2.    Private property, subject to § 10–411 of this subtitle.

        (13)    (i)    This paragraph applies only in Wicomico County.

            (ii)    Subject to § 10–415 of this subtitle, the Department may allow a person to hunt deer on private property on the second Sunday in deer firearms season from 30 minutes before sunrise until 10:30 a.m.

    (b)    A person may not hunt any game bird or mammal, except raccoon and opossum, at nighttime.

    (c)    (1)    A person may not shoot at any species of wildlife from an automobile or other vehicle or, except as provided in § 4–203(b) of the Criminal Law Article and Title 5, Subtitle 3 of the Public Safety Article, possess in or on an automobile or other vehicle a loaded handgun or shotgun, or a rifle containing any ammunition in the magazine or chamber.

        (2)    If this subsection is violated by an occupant of a vehicle which has 2 or more occupants and it cannot be determined which occupant is the violator, the owner of the vehicle, if present, shall be presumed to be responsible for the violation. In the absence of the owner of the vehicle, the operator of the vehicle shall be presumed to be responsible for the violation.

        (3)    Provisions of this subsection do not apply to a disabled person who obtains a special permit under § 10–307 of this title.

    (d)    (1)    (i)    For the purposes of this subsection, “off–road vehicle” means a motorized vehicle designed for or capable of cross–country travel on land, water, snow, ice, marsh, swampland, or other natural terrain.

            (ii)    “Off–road vehicle” includes four–wheel drive or low–pressure tire vehicles, automobiles, trucks, motorcycles and related two–wheel vehicles, amphibious machines, ground–effect or air–cushion vehicles, snowmobiles, boats, farm–type tractors, earth–moving or construction equipment, lawn mowers, snowblowers, garden or lawn tractors, or golf carts.

        (2)    A person may not pursue wildlife with an off–road vehicle.

    (e)    (1)    A person or 2 or more persons together may not hunt or attempt to hunt at nighttime any species of wild bird or wild quadruped with a light, including the headlights of any vehicle, and a person may not cast the rays of any artificial light when the rays emanate from a vehicle on any woods, fields, orchards, livestock, wild animals or birds, dwellings, or buildings. The provisions of this paragraph do not apply to the normal use of headlights of a vehicle traveling on any public or private road in a normal manner, to any police, emergency or utility company vehicle using spotlights in the performance of their duties, or to any farmer or landowner on the farmer’s or landowner’s own or leased land using artificial lights to check on the farmer’s or landowner’s land, crops, livestock, or poultry. However, raccoons, fox, or opossum may be hunted on foot at nighttime during open season with the use of a dog or light, or both.

        (2)    (i)    In Baltimore City and Montgomery and Prince George’s counties only, a person may cast the rays of an artificial light from a vehicle on woods, fields, orchards, livestock, wild animals, or wild birds for the sole purpose of observing or photographing wildlife until 9:00 p.m.

            (ii)    If a person casts the rays of any artificial light under this paragraph, the person has the burden of establishing that the person was doing so for the purposes of observing or photographing wildlife.

            (iii)    If a person casting artificial light under this paragraph or anyone with the person casting artificial light has a firearm or bow in the person’s possession, the person shall be presumed to be in violation of paragraph (1) of this subsection.

    (f)    A person may not shoot at any species of wildlife on, from, or across any paved public highway or the shoulder of the highway. A person may not shoot from any public highway, whether paved or unpaved, in Kent County and Queen Anne’s County or shoot from any public road, whether paved or unpaved, within the boundaries of the Hanover municipal waterworks property in Carroll County.

    (g)    (1)    Except as provided in paragraphs (2) and (3) of this subsection, a person, other than the owner or occupant, while hunting for any wild bird or mammal may not shoot or discharge any firearm or other deadly weapon within 150 yards, known as the “safety zone”, of a dwelling house, residence, church, or other building or camp occupied by human beings, or shoot at any wild bird or mammal while it is within this area, without the specific advance permission of the owner or occupant.

        (2)    A person, while hunting for any wild bird or mammal, may not shoot or discharge any firearm within 300 yards of a public or nonpublic school during school hours or at a time when a school–approved activity is taking place.

        (3)    (i)    For archery hunters in Calvert County, Carroll County, Cecil County, Frederick County, Harford County, Montgomery County, St. Mary’s County, or Washington County, the safety zone described in paragraph (1) of this subsection extends for 50 yards from a dwelling house, residence, church, or any other building or camp occupied by human beings.

            (ii)    For archery hunters in Anne Arundel County, the safety zone described in paragraph (1) of this subsection extends for 100 yards from a dwelling house, residence, church, or any other building or camp occupied by human beings.

        (4)    During any open hunting season, a person, other than the owner or occupant, may not hunt or chase willfully any wild bird or mammal within the safety zone without the specific advance permission of the owner or occupant.

        (5)    In Harford County, an archery hunter shall use a tree stand when hunting any wild bird or mammal within 50 to 100 yards of a dwelling house, residence, church, public or nonpublic school, or other building or camp occupied by human beings.

        (6)    In Montgomery County or Washington County, an archery hunter shall be in an elevated position that allows the hunter to shoot in a downward trajectory when hunting any wild bird or mammal within 50 to 100 yards of a dwelling house, residence, church, public or nonpublic school, or other building or camp occupied by human beings.

    (h)    A person may not dig in or drive a motor vehicle on any cleared field while hunting, except with the permission of the owner, tenant, or other person in charge of the land, or park or leave standing any motor vehicle so that the motor vehicle blocks the means of ingress or egress to any person’s property, cattle ways, or fields.

    (i)    A person may not carry a firearm to hunt any wild bird, mammal, amphibian, or reptile while intoxicated or under the influence of alcohol or any narcotic drug.

    (j)    (1)    A person may not hunt or attempt to hunt wild birds or mammals from an aircraft within the State.

        (2)    Any person who violates provisions of this subsection is guilty of a misdemeanor and upon conviction is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months or both, with costs imposed in the discretion of the court.

    (k)    A person may not set any trap, except box traps for rabbits, net, or snare of any description to take any game birds or mammals, except fur–bearing mammals. A trap, net, or snare found in the possession of any person shall be prima facie evidence that the device was used to violate this subsection. A law enforcement officer of the State shall confiscate and destroy the device. A person may not place traps of any description on another person’s property without the other person’s written permission.

    (l)    A person may not hunt with any ferret or weasel.

    (m)    A person may not kill, attempt to kill, or injure by poison wildlife or domestic poultry.

    (n)    A person may not smoke, burn, injure, hunt, or molest any game birds or mammals in any den or damage or destroy the den of any game bird or mammal.

    (o)    (1)    In Anne Arundel, Baltimore, Howard, Montgomery, and Prince George’s counties, a person may not use, set, place, or maintain any steel jaw leghold trap on land. The steel jaw leghold trap may be used for the capture of fur–bearing mammals in water only.

        (2)    This subsection does not apply to:

            (i)    Traps set on farmland by the owner of the farmland, by the owner’s agent or tenant, owner’s lessee, or by any member of the owner’s or tenant’s immediate family who resides on the farmland; or

            (ii)    Traps set by an authorized agent of the Maryland Forest, Park and Wildlife Service who exercises the agent’s duties for wildlife control under guidelines established by the Department.

    (p)    (1)    (i)    “Snare trap” means a device made of wire, synthetic cord, or other material that:

                1.    Is in the form of a noose with a slipknot, stop, swivel, or eyelet holes; and

                2.    Is designed or set with the intent of capturing an animal by the neck.

            (ii)    “Snare trap” includes:

                1.    A pole snare;

                2.    A hanging snare; and

                3.    A neck snare.

        (2)    (i)    Except as provided in subparagraph (ii) of this paragraph, in Anne Arundel, Baltimore, Carroll, Cecil, Harford, Montgomery, and Prince George’s counties, a person may not use, sell, possess, set, place, or maintain a snare trap.

            (ii)    In Anne Arundel County, from July 1, 1990 through June 30, 1992, a person may sell or possess a snare trap.