Md. Code Regs. 08.03.07.10

Current through Register Vol. 51, No. 22, November 1, 2024

Section 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.

(2) A person may destroy the nests and eggs of resident Canada geese if the person is registered and authorized in accordance with 50 CFR § 21.50 and in compliance with the provisions of 50 CFR § 21.50.

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.

(2) A person may control resident Canada geese if the person is permitted in accordance with 50 CFR § 21.41, in compliance with the provisions of 50 CFR § 21.41, and in compliance with the terms and conditions of the permit.

Md. Code Regs. 08.03.07.10

Regulation .10 adopted effective August 13, 2007 (34:16 Md. R. 1431); amended effective 47:17 Md. R. 796, eff. 8/24/2020