1346                                        LAWS OF MARYLAND                            [Ch. 4

10-606. SHOOTING WILE WATERFOWL FROM ANY BOAT
PROHIBITED; LIABILITY OF OWNER; PRIMA FACIE EVIDENCE
OF VIOLATION.

(A) SHOOTING FROM ANY BOAT PROHIBITED. - A
PERSON MAY NOT HUNT OR PURPOSELY, OR UNNECESSARILY
DISTURB WILD WATERFOWL FROM OR IN A BOAT OF ANY
DESCRIPTION WITHIN THE STATE. HOWEVER, THIS SECTION
DOES NOT PROHIBIT A PERSON FROM IMMEDIATELY RETRIEVING
WOUNDED OR DEAD WILD WATERFOWL BY ANY BOAT PROPELLED
BY MOTOR IF THE BIRD IS WOUNDED OR KILLED LEGALLY.
THIS SECTION DOES NOT PROHIBIT HUNTING WILD WATERFOWL
BY BOAT ON STATE OR FEDERALLY OWNED OR CONTROLLED
HUNTING AREAS IF PERMITTED BY FEDERAL AND STATE RULES
AND REGULATIONS.

(B) LIABILITY OF OWNER. - THE OWNER OF ANY BOAT
PROPELLED BY OR EQUIPPED WITH SAIL OR ENGINES OF ANY
KIND, OR THE OWNER OF ANY SHARE OR INTEREST IN THE
BOAT, MAY NOT USE OR PERMIT ITS USE FOR ANY OF THE
ACTS PROHIBITED BY THE PROVISIONS OF THIS SECTION. A
PERSON MAY NOT LOAN OR HIRE THE BOAT AT ANY TIME TO
ANY PERSON WITHOUT MAKING DUE INQUIRY INTO THE PURPOSE
OF THOSE APPLYING FOR ITS USE AND WITHOUT REASONABLY
ASCERTAINING THAT THOSE APPLYING DO NOT INTEND TO USE
IT TO VIOLATE THE PROVISIONS OF THIS SECTION AND THAT
THE PERSONS ARE NOT EQUIPPED WITH ANY GUNS OR
AMMUNITION SUITABLE FOR SHOOTING WILD WATERFOWL.

(C) PRIMA FACIE EVIDENCE OF VIOLATION. - THE
FOLLOWING SHALL BE PRIMA FACIE EVIDENCE OF AN
INTENTIONAL VIOLATION OF THIS SECTION AND OF THE
OWNERSHIP OF THE BOAT, GUNS, AND EQUIPMENT BY PERSONS
CONVICTED OF VIOLATING THIS SECTION:

(1)     THE LOCATION OF ANY POWER BOAT
PROPELLED BY SAIL OR ENGINE OF ANY DESCRIPTION HAVING
GUNS OR OTHER EQUIPMENT USED FOR HUNTING WETLAND GAME
BIRDS IN OR NEAR WATERS USED BY WILD WATERFOWL,

(2)   THE FIRING OF ANY SHOTS FROM ANY BOAT
OF THIS DESCRIPTION IN OR NEAR WATERS USED BY WILD
WATERFOWL,

(3)    THE MOVING OF ANY BOAT OF THIS
DESCRIPTION IN THE DIRECTION OF WATERS INHABITED AT
THAT TIME BY WILD WATERFOWL TO CAUSE THEM TO FLY FROM
THE PLACE WHERE THEY ARE BEDDED.

REVISOR'S NOTE: Subsection (a) presently appears
as Article 66C, section 153(a) of the Code.