STRENGTHENING LANDOWNER LIABILITY PROTECTION FOR HUNTING

The HUNTERS OF MARYLAND will be working with the 2022 Maryland General Assembly, et al, on strengthening Maryland’s “Recreational Use Statute” in view of the April 29, 2020 Martinez vs Ross court decision.


A brief explanation.


The 2021 Joint Chairmen’s Report – language in the fiscal year 2022 Budget Bill -- directed DNR to work with Montgomery County officials in mitigating the burgeoning deer population there. The link to DNR’s response is shown below.


Within DNR’s response is the following statement pertinent to this issue:


"Reduce Liability for Landowners: One reason that private landowners may not want to allow hunting on their property is due to liability concerns. Lawmakers should consider a statutory change to reduce those concerns. In Martinez vs Ross, the Court of Special Appeals held that a landowner was liable despite the provisions of Maryland’s recreational use statue (RUS) because the landowner did not open their land to the general public. The court interpreted that as a requirement for landowners to leverage the protection of the recreational statue. This was a great departure from how the statue has been previously interpreted. A clarification that the law does not require a landowner to make their property open to the public-at-large would likely result in more willing landowners providing hunting opportunities on their property."


Below is the link to the actual Court decision in the Martinez vs Ross decision plus a Plain English interpretation from an independent source.


https://law.justia.com/cases/maryland/court-of-special-appeals/2020/2374-18.html


https://www.agrisk.umd.edu/post/maryland-appellate-court-finds-party-on-landowner-s-property-not-covered-by-recreational-use-statute


The 3R’s – recruitment, retention and re-activation – is something we hear about all the time within the hunting community; principal amongst them is lack of access to privately-owned lands for hunting purposes. Until Maryland’s RUS law is changed – in view of the Martinez vs Ross court 2020 decision – hunting on privately-owned lands in Maryland will be restricted.


The HUNTERS OF MARYLAND will work with State lawmakers, et al, in the 2022 Session to remedy via a statutory change.

Camaraderie Afield

Ask any hunter, “How’d you do today?” and the answer is largely predictable: “We got nothing but had a great time anyway.” And this is the point missed by those who do not hunt. At the end of the day, it’s more about the interaction amongst like-minded brethren than harvesting the intended prize. Strange to some, but not hunters.

With this year’s hunting season closing fast, we begin to contemplate the after-season mindset. It’s a paradox, really. Think about it. No more O Dark Thirty wake up calls, but no more seeing one’s buds afield either. Did the season come and go that fast? You bet it did. And it won’t be coming back anytime soon.

Alas, we accept the fact and reflect on the camaraderie afield by sharing stories, pics and videos with those who were there with you. Who else better to recall stories and laughs that may have escaped you? Priceless and timeless.

Hope and pray those same brethren will be with you next season. It’s one of life’s most blessed things. And, for one, I await the cold air and the camaraderie afield as much as anything else this wonderful world has to offer.

DNR Responds to 2021 Legislative Directives re Wildlife/Hunting Issues

The 2021 Maryland General Assembly directed Maryland's Department of Natural Resources (DNR) to undertake two specific wildlife-related studies, one involving a deer issue in Montgomery County and the other an impact assessment of Maryland's growing coyote population.


Specifically, these two directives were embodied in the 2021 Joint Chairmen's Report -- a document that accompanies the General Assembly's action on the annual Budget Bill and is reflective of positions taken that are not specifically tied to dollar and cents spending per se. Several lawmakers sought advice from the HUNTERS OF MARYLAND on both of these issues. In response, language -- aka, Committee Narrative -- was provided and adopted by the 2021 General Assembly on both these issues.


Below are links to DNR's timely response to both legislative directives.

Montgomery County Enhanced Deer Management Strategy

 

November 16, 2021 Meeting with Senator Michael Jackson and Others

The HUNTERS OF MARYLAND want Maryland’s hunting community to recognize two influential allies within the Maryland General Assembly: the Honorable Michael A. Jackson (Prince George’s, Charles and Calvert Counties) and the Honorable Rachel Jones (Prince George’s and Calvert Counties). Both State lawmakers voiced their strong support of upholding the legacy/tradition of hunting at a special event held on November 16th in Dunkirk, Maryland.

Such support is critical to Maryland’s hunting community when one faces the fact the prevailing urban mindset in Annapolis is far from friendly to pro-hunting policies, aka statutory, budgetary and/or regulatory. When only a handful of Maryland’s 188 lawmakers pursue game afield, this fact should not be a surprise to anyone.

It is the mission of the HUNTERS OF MARYLAND, among other things, to (1) help educate State lawmakers about hunting in general -- aka, legacy/tradition – and hunters in particular – aka, the 2% of Maryland's citizenry who underwrite virtually 100% of the cost’s attendant to wildlife management/research; and (2) advocate for pro-hunting policies, especially from the perspective of promoting recruitment, retention and re-activation

Maryland Legislative Sportsmen’s Caucus

Policy Highlights

Economic Impact and Conservation Funding

Few hunters in Maryland realize there is a bi-partisan Maryland Legislative Sportsmen’s Caucus (MLSC) within the Maryland General Assembly.  The HUNTERS OF MARYLAND work closely with MLSC on all hunting-related policy issues, aka statutory, regulatory and/or budgetary.   A review of the link below provides a brief overview of MLSC and the attendant economic impact of hunting/fishing in Maryland, courtesy of the Congressional Sportsmen’s Foundation which advises Congress on sportsmen’s issues.  The Leadership of MLSC is also referenced in the link below. 

 

It's important for Maryland’s hunting community to understand the important role played by MLSC.  MLSC is indeed the last line of defense in the Halls of Annapolis against the anti-hunting agenda.  An agenda that is not make believe.  For the record, the HUNTERS OF MARYLAND work side-by-side with MLSC on these same issues.

October 22, 2021 Meeting with the Senate Minority Leader

On October 22, 2021, the Hunters of Maryland met with the Honorable Senator Simonaire (Senate Minority Leader) about issues of importance to Maryland's hunting community.

Issues discussed: (1) opposing any expanded nighttime shooting of deer by holders of DNR-issued Deer Management Permits if such authorizing legislation is introduced at the 2002 Legislative Session; (2) advancing those pro-Sunday hunting bills that passed the House of Delegates during the 2021 Legislative Session, but failed in the Senate Education, Health and Environmental Affairs Committee; and (3) supporting a $100,000 general fund -- taxpayer dollars -- to DNR's Wildlife & Heritage Service to supplement, not supplant, special fund dollars derived from hunting license/stamp sales.

NOTE: The Public Trust Doctrine makes clear that all wildlife/fisheries are owned by the citizenry, not one individual. True, the American System of Conservation Funding -- about to celebrate its 85th Anniversary in 2022 -- is the Model by which the hunting community has always prescribed; that is, we as hunters, are willing to bear the lion's share of costs attendant to wildlife management, research and habitat improvement, aka "user benefit/pays". However, this Model is proving insufficient to meet projected demands placed upon our wildlife officials with an expanding population; meaning, it's time we started "sharing" these expenses -- citizenry via taxpayer dollars ("general funds") and hunting license/stamp dollars ("special funds") -- between the citizenry and hunters alike. The Hunters of Maryland are most hopeful and encouraged there will be such funding for DNR's Wildlife & Heritage Service (WHS) approved for fiscal year 2023 (July 1, 2022 through June 30, 2023) via the 2022 General Assembly. And we will be there to support such overdue funding for WHS!

The Hunters of Maryland are hopeful that should any of these issues, et al, be introduced during the 2022 Legislative Session they will have a positive reception with the good Senator.

It is important to note that rumors always abound during the Interim (9-month period between the 3-month Legislative Session) about possible statutory, regulatory and budgetary policy issues that might be considered during the upcoming Legislative Session. When the Hunters of Maryland hear of such rumors, we gauge their reliability and address consistent with our mission. One really never knows, however, until the regular 90-day Session begins the second Wednesday of every January whether rumored issues become proposed policies.

Remember the immortal words of Theodore Roosevelt: "Wildlife cannot speak for itself...therefore we must and we will."

2022 Session of the Maryland General Assembly

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The dog days of summer are behind us. With Autumn winds come thoughts of the approaching 90-day legislative Session. The HUNTERS OF MARYLAND stand guard in the Halls of Annapolis to protect the legacy, heritage and traditions of hunting in Maryland on every policy front: statutory, budgetary and regulatory. And we walk hand-in-hand in these Halls with the bi-partisan Maryland Legislative Sportsmen’s Caucus within the General Assembly, admirably led by the Senator Co-Chair, Senator Jack Bailey (R, District 29) and the House Co-Chair, Delegate Ned Carey (D, District 31A).

2022 Session of the Maryland General Assembly

On Wednesday, January 12, 2022, the General Assembly convenes in Annapolis for its annual 90-day Session. In Maryland, all roads lead to Annapolis so anything of statutory and/or budgetary importance happens during Session. This is an intense period. And hunting-related issues are always controversial making the intensity even more pronounced. Why? When you consider that only a handful of the 188 lawmakers (47 Senators and 141 Delegates) hunt and the urban mindset – not favorably inclined to support hunting issues – dominates all voting, the answer becomes obvious.

The 2022 Session will be the last Session of a 4-year term. What makes this worthy of mention is the fact that election year Sessions are those in which lawmakers historically shy away from controversial issues in fear of alienating would-be supporters. Remember, all lawmakers want to be re-elected. Prudence dictates strategic thinking separate and distinct from the other 3 Sessions.

ISSUES OF INTEREST

Only when a bill – a proposed amendment to existing law or a new law altogether – is introduced during the 90-day Session, can one know who is behind an initiative and its intended purpose. Until such time one can only speculate about such things. Rumors abound throughout the “Interim” – that 9-month period between the 3-month “Session” – but look to the Session for facts.

Here are some of the hunting-related issues that may surface during the 2022 Session of the Maryland General Assembly.

Nighttime Shooting of Deer

There is speculation the farming community will advance a nighttime shooting of deer bill by those holders of Deer Management Permits, aka “DMP’s”. Keep in mind that DNR-approved DMP’s – granted to landowners who purportedly document measurable economic losses attributable to deer – allow holders to harvest deer beyond hunting season, including Sundays, with multiple weapons of choice. DNR further allows certain holders of DMP’s to harvest deer at night during the months of February and March. As hunters, no one need convey what it means to harvest deer during these two months.

If such legislation is introduced in 2022, the HUNTERS OF MARYLAND will stand in firm opposition. Our arguments are self-evident and will be conveyed to decision-makers by every means imaginable.

Sunday Hunting

Maryland reversed a statutory prohibition against Sunday hunting dating back to 1723 in 2003, albeit for deer only on private lands for two days only. Of the original 12 counties that agreed in 2003, only 3 counties today have not yet approved any Sunday hunting: Baltimore, Howard and Prince George’s.

During the 2021 Session, several Sunday hunting expansion bills – deer and turkey – were passed by the House of Delegates only to fail in the Senate Education, Health and Environmental Affairs Committee (SEHA), including House Bill 615 which would have lifted the prohibition of Sunday hunting in Prince George’s County and reduced the archery safety zone to 50 yards. There were many underlying reasons for their collective defeat in SEHEA. The Hunters of Maryland are keenly aware of these reasons and are working to mitigate them in order to secure enactment in 2022.

Funding for DNR’s Wildlife & Heritage Service

The American System of Conservation Funding means that hunters/anglers underwrite 100% of the cost for wildlife/fisheries management b/c we are the single most vested user groups. However, this 75-year plus model is no longer working. Demands upon our wildlife/fisheries departments attendant to an expanding population, greater public land acquisition and an aversion to increasing licensing fees, means these public entities are struggling to meet their statutory mandate.

Such acknowledgement compelled the HUNTERS OF MARYLAND In 2020 to advocate for a $100,000 general fund appropriation to DNR’s Wildlife & Heritage Service. NOTE: General funds are separate from special funds whereas the former is derived from such revenue sources as income and sales taxes whereas the latter is derived from licensing fees. The HUNTERS OF MARYLAND argued in 2020 that wildlife is owned by the citizenry – so says the Public Trust Doctrine – and everyone (not just user groups, aka hunters) should share equally in the costs of their sustainable management. And that $100,000 of taxpayer moneys should be budgeted to supplement – not supplant – hunting license fee revenues which have not increased in a very long time.

WE PREVAILED. The $100,000 was included in a fiscal year 2021 Supplemental Budget – this is fiscal nomenclature for an amendment to the originally proposed Budget Bill the Governor introduces each January as required by the Constitution – that comes out in late March before adjournment in April, aka 90-day Session. And, we all celebrated this “first-ever” historical fiscal achievement.

This $100,000 sadly fell victim to COVID in July 2020.

DNR forfeited the $100,000 to the Wildlife & Heritage Service in July 2020 when the State’s Comptroller informed decision-makers that State revenues would be insufficient to meet anticipated expenditures for budget balancing purposes because of the pandemic – a Constitutional requirement in Maryland – absent immediate reduced spending. Consequently, the Governor ordered all State agencies to submit proposals to reduce their respective spending. And, DNR gave up this $100,000 for Wildlife & Heritage. THE IRONY: the federal government allocated so much money to Maryland that these reductions were more than offset; alas, no finger pointing here b/c the State acted in good faith before knowing the federal government would come to Maryland’s fiscal rescue.

The HUNTERS OF MARYLAND are working to convince the Governor to include $100,000 in general funds to DNR’s Wildlife & Heritage Service for fiscal year 2023 (July 1, 2022 through June 30, 2023). Hope springs eternal the 2022 General Assembly will consider and approve a truly “first-ever” $100,000 general fund appropriation to DNR’s Wildlife & Heritage Service.

ALWAYS ON PATROL

The HUNTERS OF MARYLAND work year ‘round with State lawmakers, et al, to protect the legacy, heritage and tradition of hunting. Pictured herein is Steve Keithley, Founder of the HUNTERS OF MARYLAND plus Bill Miles, Advocate for the HUNTERS OF MARYLAND, with the Senate Majority Leader (Senator Nancy King) with whom we recently conferred about hunting-related issues for consideration by the 2022 Session.

MBS host the Co-Chairs of The Maryland Legislative Sportsman’s Caucus, Senator Jack Bailey (St Mary’s Co) and Delegate Ned Carey (Anne Arundel co).

With the financial support of several, an effort to found a Maryland hunting lobbying group “Hunters of Maryland” (HoM) was formed. We have made an impact in Annapolis for protecting hunting rights in Maryland. This past weekend, Maryland Bowhunters Society (MBS) held their annual Banquet in Pasadena. It was a pleasure to host the Co-Chairs of The Maryland Legislative Sportsman’s Caucus, Senator Jack Bailey (St Mary’s Co) and Delegate Ned Carey (Anne Arundel co). We thank them in their efforts to promote/protect hunting in Maryland.

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