Md. Code Regs. 08.03.11.04

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

Section 08.03.11.04 - Possession Without Permits

A. Except as provided in §§D-F of this regulation, a person without a reptile and amphibian permit may not possess more than four of each individual reptile or salamander, live or dead, listed in Regulation .03A of this chapter. The individual reptiles or salamanders may have been:

(1) Obtained from the wild;

(2) Captively produced; or

(3) Legally obtained outside of Maryland.

B. Except as provided in §§D-F of this regulation, a person without a reptile and amphibian permit may not possess more than four adults and 25 eggs or tadpoles of each individual frog or toad, live or dead, listed in Regulation .03A of this chapter. The frog or toad may have been:

(1) Obtained from the wild;

(2) Captively produced; or

(3) Legally obtained outside of Maryland.

C. Notwithstanding Natural Resources Article, § 4-902, Annotated Code of Maryland, a person without a reptile and amphibian permit may possess only one of each individual reptile or amphibian, live or dead, listed in Regulation .03B of this chapter. A person may not take wood turtles, spotted turtles, or diamond-backed terrapins, including their eggs, from the wild. A certificate of origin, bill of sale, or other documentation proving captive origin of wood turtles, spotted turtles, or diamond-backed terrapins shall be retained. All turtles shall have a carapace length of at least 4 inches.

D. An educational facility without a reptile and amphibian permit may possess an unlimited number of individual frogs and toads listed in Regulation .03A of this chapter if they are obtained:

(1) From a permittee; or

(2) Legally from outside of Maryland.

E. A person without a reptile and amphibian permit may possess an unlimited number of albino, or other color mutations, resulting from captive breeding, of any species or subspecies listed in Regulation .03A of this chapter. The burden of proving that the mutant is a legitimate color mutant lies with the owner. However, commercial trade in these individuals is regulated as described in Regulations .05-.07 of this chapter.

F. American Bullfrogs.

(1) A person without a reptile and amphibian permit may:

(a) Take from the wild not more than ten American bullfrogs, or parts of them, per day, for personal use as food or possess more than 20 American bullfrogs, or parts of them; and

(b) Possess or sell, for use as food, an unlimited number of American bullfrogs, or parts of them, if the animals were legally obtained from outside of Maryland.

(2) American bullfrogs under §F(1)(a) of this regulation may not be sold or commercially traded.

G. Possession of a hybrid applies to the possession limit for each species or subspecies in its lineage.

Md. Code Regs. 08.03.11.04

Regulations .04 adopted as an emergency provision effective April 1, 1993 (20:8 Md. R. 712); emergency status extended at 20:16 Md. R. 1274 (Emergency provisions are temporary and not printed in COMAR)
Regulations .04 adopted effective December 1, 1993 (20:23 Md. R. 1803)
Regulation .04 amended effective March 24, 2008 (35:6 Md. R. 697)
Regulation .04C amended effective June 28, 2010 (37:13 Md. R. 851)