Starting today, Anne Arundel County is offering licensed hunters $50 in cash to donate a harvested deer to the needy...financed with a portion of its federal COVID dollars. Really? HOM finds this incredulous and questions not only the ethics of this decision but its legal basis. We are working with State lawmakers, et al, to seek an Advice of Counsel from Maryland’s Attorney General. A close look at Title 10 of the Natural Resources Article (Maryland Annotated Code) makes clear the State – not local government – determines wildlife management policy consistent with and responsive to State law. And this is the way it should be. No where in Title 10 does it say any jurisdiction can determine seasons plus bag limits let alone affording them authorization to allocate taxpayer dollars for the taking of publicly owned wildlife, aka Public Trust Doctrine. Could you imagine if locals made these decisions?
So then, where does Anne Arundel County think its authority emanates to administer this unprecedented action? It was certainly not in the one-time bounty to control nutria, albeit an invasive species – this authorization was and remans embedded in statute (see Section 10-202.1 of the Natural Resources Article, Maryland Annotated Code). If ruled legally permissible, think of the rippling effect and the unintended – maybe intended – consequences. What about a taxpayer financed bounty on resident Canada geese? Get the picture. If legal, we want to know that statutory reference.
Stay tuned.