2023 GENERAL ASSEMBLY ADJOURNS WITH PRO- HUNTING POLICIES ADOPTED

On April 10, 2023, the 2023 General Assembly adjourned, aka Sine Die.

This 90-day action packed legislative Session witnessed, among other things, (1) a two-

fold historic “shared” funding increase for DNR’s Wildlife & Heritage Service via

taxpayers and hunters; (2) expanded Sunday hunting in Wicomico and Worcester

counties; (3) adoption of a 50-yard archery hunting safety zone in three counties; (4) a

renewed commitment to enhance management of the Merkle Wildlife Sanctuary

(located in Prince George’s County) consistent with the original intent by which

Maryland assumed ownership from Edgar Merkle in 1982; and (5) passage of gun

legislation non-detrimental to hunting.

Highlighted below is a brief explanation.

Taxpayer Support for DNR’s Wildlife & Heritage Service (WHS) 

in Fiscal Years 2023 and 2024

The HUNTERS OF MARYLAND, LLC (HOM) led an effort in the 2022 Session to secure

approval of a $250,000 general fund appropriation -- taxpayer $ -- for WHS.  This was an historic first b/c Maryland hunters have always picked up the $ tab for wildlife

management, research and habitat improvement, aka & special funds & via their hunting

license/stamp purchases.  This system of user pays is embodied in the American

System of Conservation Funding (link below).  And, this $250,000 in general funds

translated into $1 million b/c of the $3 to $1 federal Pittman/Robertson match.

https://wdfw.wa.gov/sites/default/files/2021-

06/introduction_to_american_conservation_funding_.pdf

Fast forward to the 2023 Session. 

Absent a detailed explanation of our behind-the-scenes-strategy, suffice to say HOM

was able to secure a $ repeat for WHS...$250,000 in general funds with a $3 to $1

federal PR match.  Total for fiscal years 2023 and 2024 is $2 million ($250,000 X 2 X

4).  No small achievement and one that HOM will continue to pursue in fiscal year 2025

(July 1, 2024 through June 30, 2025) via the 2024 General Assembly.

Increased Hunting License Fees and Sunday Waterfowl Hunting Legislation

https://mgaleg.maryland.gov/2023RS/bills/sb/sb0327E.pdf

Legislation was passed by the 2023 General Assembly which establishes the Wildlife

Conservation, Education and Outreach Program within DNR to – in general – increase

outdoor recreation and stewardship, hunting, and wildlife conservation. The bill also (1)

increases fees for several hunting licenses, stamps, and permits; (2) establishes a

resident and nonresident sika deer stamp and related fees; (3) authorizes qualified

nonresident college or university students to purchase a resident hunting license; and

(4) codifies furbearer permit fees. The bill also alters Maryland’s recreational use

statute, requires DNR to work with the Maryland Department of Agriculture (MDA) to

develop a plan to address deer overpopulation in the State, requires DNR to establish a

cost-share program for farmers to plant forage crops under specified circumstances,

and establishes a new reporting requirement for DNR. The bill takes effect July 1, 2023.

Stripped from this Act was a proposed Sunday waterfowl hunting provision. This

provision would have repealed the attendant prohibition dating back in Maryland since

1723.  Prevailing opponents to this provision argued – mainly from a migratory AP

Canada goose hunting perspective – that Sunday hunting would put too much pressure

on an already distressed AP Canada goose population conjuring up memories of the 7-

year moratorium. The $40 million-a-year Maryland goose hunting industry was shut

down in 1995 after the population of nesting pairs in Canada fell to an all-time low of

29,000.

The decline for the moratorium was blamed largely on overhunting, rightly or wrongly.

Expanded Sunday Hunting in Worcester and Wicomico Counties

HOUSE BILL 466 (WORCESTER COUNTY – NATURAL RESOURCES – HUNTING)

https://mgaleg.maryland.gov/2023RS/bills/hb/hb0466T.pdf

Existing Sunday Hunting Law in Worcester County: Hunting of deer only and on

private land only with NO statutorily designated time frames (aka, NO 30 minutes before

sunrise until 10:30 am) during (1) deer firearms season; and (2) the last three Sundays

in October and the first two Sundays in November.

New Sunday Hunting Law in Worcester County: Repeals existing statutorily

designated Sunday hunting dates for deer only and on private lands only and, instead,

vests authority with DNR – through the annual regulatory process – to allow (1) Sunday

hunting of game bird and game mammals* with a 2-fold caveat: (a) that additional days

of Sunday hunting in Worcester County – beyond those Sundays currently guaranteed

by existing statute – will only be allowed from 30 minutes before sunrise to 10:30 am;

and (b) approval of a “hold harmless” provision that does not impose this same time

restriction on Sundays currently guaranteed by existing statute; (2) Sunday hunting on

public lands; and (3) a 50-yard archery hunting safety zone instead of 150 yards.

HOUSE BILL 1087 (WICOMICO COUNTY – SUNDAY HUNTING AND ARCHERY

HUNTING SAFETY ZONES)

https://mgaleg.maryland.gov/2023RS/bills/hb/hb1087T.pdf

Existing Sunday Hunting Law in Wicomico: Hunting of deer only and on private land

only on (1) the first and second Sunday of deer firearms season (restricted from 30

minutes before sunrise to 10:30 am); and (2) the last three Sundays in October and

the first two Sundays in November (with no time restrictions).

New Sunday Hunting Law in Wicomico: Repeals existing statutorily designated

Sunday hunting dates for deer only and on private lands only and, instead, vests

authority with DNR – through the annual regulatory process – to allow (1) Sunday

hunting of game bird and game mammals* with a 2-fold caveat: (a) that additional days

of Sunday hunting in Worcester County – beyond those Sundays currently guaranteed

by existing statute – will only be allowed from 30 minutes before sunrise to 10:30 am;

and (b) approval of a “hold harmless” provision that does not impose this same time

restriction on Sundays currently guaranteed by existing statute; (2) Sunday hunting on

public lands; and (3) a 50-yard archery hunting safety zone instead of 150 yards.

*Section 10-101 of Natural Resources Article: “Forest game birds and mammals

means forest game birds (ruffed grouse and turkey) and forest game mammals (black

bears, deer, fox squirrels, excluding the Delmarva subspecies, and gray and red

squirrels) or any part, egg, offspring, or dead body of any of them. Definition of game

birds EXCLUDES waterfowl.

50-yard Archery Hunting Safety Zone in Howard County

https://mgaleg.maryland.gov/2023RS/bills/hb/hb1005T.pdf

Like the Wicomico and Worcester County Sunday hunting bills, HOM worked with

lawmakers from Howard County to advance legislation this Session  authorizing Howard

County to join the other existing 10 counties with a legal 50-yard archery hunting safety

zone:  Allegany, Calvert, Carroll, Cecil, Frederick, Garrett, Harford, Montgomery, St.

Marys and Washington.

However, the original proposal for a County-wide 50-yard archery hunting safety zone

became too controversial for the Howard County Delegation to support. Instead, the bill

having passed – as shown above – only allows authorization for the 50-yard archery

hunting safety zone during County-sponsored deer management hunts and on farmland

whereby DNR issues a Deer Management Permit, aka “DMP”, via regulatory guidelines.

Legislative Initiative Requesting DNR to Enhance Management of the

Merkle Wildlife Sanctuary

At the request of the Senate Chair of the bi-partisan Maryland Legislative Sportsmen’s

Caucus, HOM drafted language for the fiscal year 2024 budget (July 1, 2023 through

June 30, 2024) directing DNR to manage the Merkle Wildlife Sanctuary -- Maryland

only wildlife sanctuary located in Prince Georges County on the upper Patuxent River --

consistent with the 1982 agreement between conservationist Edgar Merkle (who

donated the initial acreage) and the State. 

In short, the agreement -- though no one can find the original agreement, meaning it

must have been a handshake deal (days forgone for sure) -- stipulated the donated

property would be managed, almost exclusively, to attract Atlantic Population (;AP)

migratory Canada geese to the Western Shore.

The language was not included in the budget; but, instead, was reflected in a March 24,

2023 written statement from Senator Michael Jackson, whose District includes the

Merkle Wildlife Sanctuary, to DNR Secretary Josh Kurtz which reads as follows:

“I have recently received constituent concerns related to the management of

migratory Canada geese in the Merkle Wildlife Sanctuary located in Upper

Marlboro.

For decades, the Merkle Wildlife Sanctuary has been a wintering ground and a

breeding area for Canadian geese subsequently serving as a key cog in

preserving a healthy population for the species throughout our region. In

keeping with the intentions of the original benefactor for the sanctuary (Edgar

Merkle), I’d like to take every requisite step in ensuring that the sanctuary

serves its purpose and is successful as possible in managing and maintaining

a healthy population of migratory Canadian geese in our region. As such, I’m

hoping that we can take every necessary step to do so including cultivating food

plots designed to attract and retain these geese on the Upper Patuxent River

while minimizing visitor disturbance (especially during the typical yearly October

to March window in which these geese are present).

I’d welcome the opportunity to discuss the matter with you at your earliest

convenience and hope that we can find a way to work together to ensure the

most successfully possible outcome in this matter.”

Reconstituting Maryland’s Wildlife Advisory Commission (“WAC”)

https://mgaleg.maryland.gov/2023RS/bills/hb/hb0188T.pdf

Legislation was passed that increases the number of members of the Wildlife Advisory

Commission – from 9 to 10 – and requires the Governor to appoint one member to the

commission who is an academic researcher with expertise in wildlife biology, wildlife

conservation, wildlife management, or ecology. The additional member must serve for a

term of four years – beginning July 1, 2024, and ending June 30, 2028 – and serve until

a successor is appointed and qualifies. The bill also establishes that the terms of the

commission members are staggered so that three end in 2023, three end in 2024, three

end in 2025, and one ends in 2028; however, the bill may not alter the term of a

member serving as of the effective date of the bill. The bill also requires that the

commission include representation from the hunting, wildlife preservation, and passive

wildlife recreation communities.

HOM worked with the sponsor on amending the bill. Of concern to us was the odd

numbered Members of WAC @ 9 – b/c Chairs of such bodies regularly do not vote per

se thus affording a possible tie vote stalemate at times – and that a “fishing

representative” was to be included on WAC. We were able to convince both parties –

plus the General Assembly – that 10 Members, instead of 9, should be approved as well

as eliminating a “fishing representative.”

For the record, HOM was asked by a handful of pro-hunting lawmakers why we would

support the bill. The primary reason is because we did not want to be perceived in

Annapolis as only wanting hunter representation on WAC. Why? B/c wildlife is owned

by everyone, not one individual or group, so says the Public Trust Doctrine.

Gun Legislation Non-Detrimental to Maryland’s Hunting Community

https://mgaleg.maryland.gov/2023RS/bills/sb/sb0001E.pdf

Unbeknownst to many, HOM strategically monitors all proposed gun legislation that

could adversely impact our hunting rights…a right bestowed by the 2021 Maryland

General Assembly as shown in the link below which we are most proud to have

accomplished:

https://mgaleg.maryland.gov/2021RS/chapters_noln/Ch_295_hb1134T.pdf

The 2023 General Assembly passed Senate Bill 1, the primary gun control legislation of

the Session which did NOT restrict use of firearms for hunting.

Entitled, Criminal Law - Wearing, Carrying, or Transporting Firearms - Restrictions

(Gun Safety Act of 2023) Senate Bill 1, as passed: (1) prohibits, with specified

exceptions, a person from wearing, carrying, or transporting a firearm in specified areas;

(2) prohibits, with specified exceptions, a person from wearing, carrying, or transporting

a firearm onto specified real property under certain circumstances; and (3) establishes

penalties for violations. In addition, the bill modifies and expands the requirements and

procedures relating to the issuance and renewal of a permit to wear, carry, and transport

a handgun (handgun permit).

IN CLOSING, the HUNTERS OF MARYLAND can state

without reservation that approved hunting-related

budgetary/statutory policies by the 2023 Maryland General

Assembly were favorable to the hunting community.

Absent judicious oversight/knowledge of the legislative

process in Annapolis begs the question of the resultant

impact on our rights to continue hunting in Maryland.