Md. Code Regs. 08.03.09.13

Current through Register Vol. 51, No. 24, December 2, 2024

Section 08.03.09.13 - Possession and Trade of Captive Mute Swans

A. Except as provided in §B of this regulation, it shall be a violation to buy, sell, barter, trade, or transfer any mute swan or mute swan eggs to or from another person.

B. Prior to March 1, 2009, a permittee may sell or transfer mute swans to a person residing in another state if the permittee has:

(1) A letter from the state agency responsible for managing wildlife in the destination state authorizing the import of mute swans; and

(2) A letter from the Service authorizing the export of mute swans from the State.

C. A person may not possess a mute swan unless permitted under this regulation. Possession shall include any mute swan held in an enclosure, pinioned to prevent its escape, or otherwise confined on a person's property.

D. A person may apply, through August 31, 2009, for a permit to possess a mute swan by completing a form prescribed by the Service. After that date, the Service may not issue permits allowing the possession of mute swans.

E. A person permitted to possess mute swans shall:

(1) Render all mute swans incapable of flight by:

(a) Surgically pinioning one wing; or

(b) Confining mute swans in a completely closed enclosure that prevents escape;

(2) Addle or destroy all mute swan eggs to prevent the production of cygnets;

(3) Mark all mute swans with a metal leg band inscribed with the owner's name, address, and telephone number; and

(4) Submit an annual report and permit renewal as specified by the Service.

F. Addling under §E(2) of this regulation may include shaking, pricking, freezing, and oiling by coating the eggs with 100 percent food-grade corn oil.

G. It is a violation of this regulation to release any mute swan to the wild.

H. A permittee shall notify the Director or the Director's designee of any escape of mute swans into the wild within 48 hours after learning of the escape.

I. Permittees shall be subject to inspection by the Department at any reasonable hour.

J. Any violation of any provision or restriction of the permit constitutes a violation of this regulation.

Md. Code Regs. 08.03.09.13

Regulation .13 adopted effective August 11, 2008 (35:16 Md. R. 1390)