1. A. Without written permission from the Secretary, a person may not trespass, enter, or release an animal on lands owned or controlled by the State which are located between the mean high and mean low water lines of waters of the State and which are posted in a conspicuous manner as a restricted area for the purpose of protecting:

   1. (1) An endangered or threatened species of wildlife or plant listed in this chapter; or
   2. (2) A species of wildlife in need of conservation listed in this chapter.
2. B. The Department shall prepare maps describing the location of each restricted area under this regulation. The maps shall be filed with the Secretary of Natural Resources, Tawes State Office Building, Annapolis, Maryland 21401.

3. C. A restricted area may be established only after:

   1. (1) Notice of the proposed restriction has been placed in a newspaper in the county where the restriction is proposed;
   2. (2) Notice of the proposed restriction has been placed in the Maryland Register;
   3. (3) Completion of a 30-day period for comment which begins on the date that the list of restricted areas is published in the Maryland Register;
   4. (4) All adjacent landowners have been notified by mail of the proposal; and
   5. (5) Appropriate areas have been signed and posted.
4. D. The delineation of restricted areas may change to accommodate changes in the distribution of listed species after the notice provisions of §C of this regulation have been satisfied.

5. E. Restricted Areas.

   1. (1) In Calvert County, the restricted areas encompass that portion of the lands owned or controlled by the State which are located between the mean high and mean low water lines of the waters of the State adjacent to Flag Ponds Nature Park.

   2. (2) In Worcester County, the restricted areas encompass that portion of the lands owned or controlled by the State which are located between the mean high and mean low water lines of the waters of the State adjacent to:

      1. (a) Assateague Island National Seashore; and
      2. (b) The shoreline of Skimmer Island in Isle of Wight Bay.

Authority: Natural Resources Article, §§4-2A-01—4-2A-09 and 10-2A-01—10-2A-09, Annotated Code of Maryland

Effective date:

Regulations .01 and .02 were previously codified as Regulations .43 and .65, respectively, under COMAR 08.03.01 Wildlife Conservation. This recodification was effective June 3, 1985 (12:11 Md. R. 1047)

For the history of these regulations before June 3, 1985, see the Administrative History which follows COMAR 08.03.01.

Regulation .01 amended effective June 3, 1985 (12:11 Md. R. 1047)

Regulations .01 and .02 repealed effective June 29, 1987 (14:13 Md. R. 1471)

Regulations .01—.11 adopted effective June 29, 1987 (14:13 Md. R. 1471)

Regulation .01 amended effective June 26, 1989 (16:12 Md. R. 1334); December 24, 1990 (17:25 Md. R. 2906)

Regulations .04B and C, .05C, .06, .07C, .08C, .09C, and .10C amended and Regulation .11 recodified to Regulation .12 and new Regulation .11 adopted effective December 24, 1990 (17:25 Md. R. 2906)

Regulation .11-1 adopted as an emergency provision effective April 13, 1992 (19:8 Md. R. 799)

Regulation .11-1 adopted effective August 3, 1992 (19:15 Md. R. 1388)

Chapter revised effective October 24, 1994 (21:21 Md. R. 1813)

Regulation .01B amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578); December 31, 2007 (34:26 Md. R. 2261)

Regulation .04C amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

Regulation .05C amended effective January 22, 2001 (28:1 Md. R. 25); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

Regulation .06 amended effective October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

Regulation .06C amended effective January 22, 2001 (28:1 Md. R. 25); November 10, 2003 (30:22 Md. R. 1578)

Regulation .07C amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

Regulation .08C amended effective January 22, 2001 (28:1 Md. R. 25); November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

Regulation .09C amended effective November 10, 2003 (30:22 Md. R. 1578); October 22, 2007 (34:21 Md. R. 1914); April 5, 2010 (37:7 Md. R. 570)

Regulation .10B amended effective September 4, 2000 (27:17 Md. R. 1618); November 10, 2003 (30:22 Md. R. 1578)

Regulation .12 amended effective November 10, 2003 (30:22 Md. R. 1578)

Regulation .14 adopted effective December 31, 2007 (34:26 Md. R. 2261)

Chapter revised effective August 29, 2016 (43:17 Md. R. 953)

Regulation .01B amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

Regulation .03A amended effective September 26, 2016 (43:19 Md. R. 1071)

Regulation .04C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

Regulation .05C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

Regulation .06 amended effective February 8, 2021 (48:3 Md. R. 93)

Regulation .06C, F, I amended effective August 4, 2025 (52:15 Md. R. 811)

Regulation .07C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

Regulation .08C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)

Regulation .09C amended effective February 8, 2021 (48:3 Md. R. 93); August 4, 2025 (52:15 Md. R. 811)