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.

2023 MARYLAND GENERAL ASSEMBLY

Hunting License Fee Increase and Sunday Waterfowl Hunting

A “generational” hunting-related bill is being considered by the 2023 Maryland General Assembly.  If enacted, the proposed legislation would, among other things, authorize the first hunting license fee increase in 34 years, dollars desperately needed for wildlife management, research, and habitat
improvement; plus authorize Sunday waterfowl hunting for the first time in 300 years, aka 1723
prohibition.

https://mgaleg.maryland.gov/2023RS/bills/sb/sb0327F.pdf

https://mgaleg.maryland.gov/2023RS/bills/hb/hb0983F.pdf

The bills – Senate Bill 327 and House Bill 983 (companion bills) – were heard before the Senate
Education,   Energy   and   Environment   Committee   and   House   Environment   and   Transportation Committee on February 15 and March 3, respectively.  


Since these companion bills are still being debated within both Chambers, suffice for this update is
to share the written testimony submitted by Maribeth Kulynycz, Executive Director for the Maryland Bowhunter’s Society (MBS).  Both MBS and the HUNTERS OF MARYLAND, LLC support the bill.


Ms. Kulynycz speaks with experience and credibility re the issues addressed by the legislation,
entitled   “   Hunting, Wildlife, Conservation, and Outdoor Recreation – Funding, Promotion,
Management, Licenses, Permits, and Stamps  ”.

MBS has been advocating for hunters across Maryland since 1977. We pride ourselves on bringing a voice to the hunting community. Being from Somerset county myself and hunting Wicomico and Worcester counties as well, the overwhelming outcry from the people has been that they want more Sunday hunting opportunities. As you've heard most people work and go to school Monday-Friday, allowing this extra day would be a huge benefit to the working class hunters, students, and families across Maryland.

I am not only a hunter, I am also an avid equestrian, as well as a CHA certified riding instructor and trail guide. I am a part of several trail rides a week on public land. During the hundreds of rides I've been a part of we have never once had a dangerous or unfriendly encounter with a hunter. Especially not a waterfowl hunter. Waterfowl hunters usually hunt very early mornings and are typically focused more around water on blustery winter days. This allows us the best weather and warmest parts of the day to take our rides undisturbed. And when in doubt we wear fluorescent orange vests for an added measure of safety.

MBS also stands behind the increase in hunting license fees, which has not happened since 1989. For us on the shore we have seen a major increase in out of state hunters with sika deer being one of the biggest draws. A few years back there was a segment done on a nationally recognized hunting show that focused on sika deer and has brought people from all over the country to our marshes. The sika community is very vocal about wanting an increase, especially for out of state licenses. This increase is just one step in the right direction. All money raised through license fees goes directly back to the hunting community and helps to ensure the future of all the amazing animals we share the landscape with. In the long run it will be a benefit to all outdoorsmen and women.


Maribeth Kulynycz

MBS Executive Secretary

HUNTERS OF MARYLAND WELCOME MEMBERS OF THE 2023 GENERAL ASSEMBLY AND MOORE ADMINISTRATION

January 19, 2023

Legislative Luncheon in Annapolis

On January 19, 2023, the HUNTERS OF MARYLAND, LLC hosted a much-anticipated meet/greet with Administration officials, State lawmakers, et al, at Harry Browne’s Restaurant on State Circle, Annapolis. For the two past years, this luncheon has been cancelled b/c of the pandemic.

To say we were surprised by the actual turnout – often, RSVP’s are made with no shows – would be an understatement. We met with dozens of State and local lawmakers, including top officials within the Moore Administration and NGO’s, courtesy duly afforded the presiding Senate Co-Chair of the bi-partisan Maryland Legislative Sportsmen’s Caucus (The Honorable Jack Bailey) and the Senate Vice Co-Chair of the Caucus (The Honorable Katie Fry Hester). The Caucus is critical to the success of hunters’ policy agenda in the Halls of Annapolis as it has been since its inception in 2002.

Among those in attendance were: (1) the Senate President (The Honorable Bill Ferguson); (2) the new Chairman of the new Senate Education, Energy and Environment Committee (The Honorable Brian J. Feldman); (3) the new Secretary of the Maryland Department of Natural Resources (The Honorable Josh Kurtz); (4) Gubernatorial Deputy Chief-of-Staff (Shaina Hernandez); and (5) the field representative for The Honorable Benjamin L. Cardin (Jessica Cook).

Notably present also was former State Senator John Astle, who not only served with distinction as Senate Co-Chair of the Sportsmen’s Caucus since its inception, but, also served as the “First” Chairman of the National Assembly of Sportsmen’s Caucuses (2004-2007); thus, bringing national notoriety to Maryland.

https://congressionalsportsmen.org/caucuses/nasc-state

Other attendees included lawmakers from local governments to representatives from the Congressional Sportsmen’s Foundation and animal rights groups to the environmental community. The HUNTERS OF MARYLAND believe it is imperative to remind the public, at every opportunity, that hunters were the original conservationists and remain so today.

In the immortal words of President Theodore Roosevelt:

“WILDLIFE AND ITS HABITAT CANNOT SPEAK, SO WE MUST AND WE WILL”.

We articulated these sentiments on January 19th along with our recognition of the AMERICAN SYSTEM OF CONSERVATION FUNDING whereby hunters, not taxpayers, underwrite virtually 100% of the attendant cost to wildlife management, research, and habitat preservation, including here in Maryland.

Without reservation, we can say the positive feedback about hunting in general at our well-attended luncheon rivaled that of attendance, thankfully.

WE’RE OFF TO AN IMPRESSIVE/HOPEFUL BEGINNING FOR 2023 AND BEYOND!

Pictured from left to right: Ryan D. Showalter, Esq; George Nitzel, HOM Member; Ed Kramer; Senate President, The Honorable Bill Ferguson; Dale Gertz, HOM Member; James Winn, Wicomico County Councilman; Beth Hill, HOM Member; Bill Miles, HOM Advocate; Steve Keithley, HOM Founder; and Joe Beuchert, HOM Member.


MARYLAND RETAINS PRESTIGIOUS SEAT

National Assembly of Sportsmen’s Caucuses Executive Council

December 6, 2022

An historic event occurred this past week in Bozeman, Montana at the 19th Annual NASC Sportsman-Legislator Summit where Maryland State Senator Jack Bailey, Co-Chair of the bi-partisan Maryland Legislative Sportsmen’s Caucus (MLSC) within the Maryland General Assembly, was elected by fellow lawmakers from across America to serve on the prestigious Executive Council of the National Assembly of Sportsmen’s Caucuses (NASC). Those attending lawmakers hailed from 26 different states.

https://congressionalsportsmen.org/caucuses/nasc-state

The NASC Executive Council helps develop national pro-sportsmen’s policies for consideration by individual states and articulated by the Congressional Sportsmen’s Foundation. And, Maryland has adopted numerous NASC policies over the last 20 years.

The vote to elect Senator Bailey to replace Maryland State Delegate Wendell Beitzel on the NASC Executive Council, Co-Vice Chair of the Caucus who stepped down from public service this year (and to whom all Maryland sportsmen/women owe a great debt of gratitude for his many years of service to the Caucus), represented another crowning achievement for Maryland, known nationally for its pro-sportsmen’s policy achievements realized during its 20-year history of being the last line of defense for pro-sportsmen’s/women policies in the Halls of Annapolis. Equally noteworthy is the fact that Senator Bailey made his inaugural appearance at this 19th Annual NASC event and convinced attending fellow lawmakers – the race for this seat was very competitive – he was the best choice for this prestigious seat. Truly, a celebratory achievement and a testament to the conviction of this good man who stands for our conservation ideals.

With a new General Assembly in 2023, many in the sportsmen’s/women community are hopeful these incoming lawmakers will continue to be supportive of the legacy, and tradition of hunting in the State of Maryland…indeed the critical role played by the HUNTERS OF MARYLAND, LLC. Notably, the HUNTERS OF MARYLAND, LLC, will remain the “eyes and ears” of the bi-partisan Maryland Legislative Sportsmen’s Caucus which has achieved a record of policy-related accomplishment worthy of emulation by other states…just ask the Congressional Sportsmen’s Foundation.


SAVING MARYLAND’S ONLY STATE-RUN WILDLIFE SANCTUARY

The HUNTERS OF MARYLAND, LLC has been tasked with one of the most important initiatives in its history, aka, saving Merkle Wildlife Sanctuary.

Maryland has only one State-run wildlife sanctuary. It’s the 1,000-acre plus Merkle Wildlife Sanctuary located in the northern part of the Patuxent River, in Prince George’s County. A truly remarkable wildlife jewel.

In 1982, Edgar Merkle – a waterfowl conservationist – donated 400 plus acres plus $400,000 to plant grain and construct an interpretative center, respectively, to the State of Maryland known today as the Merkle Wildlife Sanctuary. There was only one condition in exchange for this philanthropic gesture: plant non-harvestable crops to attract AP migratory Canada Geese to the Western Shore and leave them undisturbed for a 6-month period, aka, October through March, with the fervent hope they’d return year after year.

Today, that 400-acre plus gift to the State has been expanded to over 1,000 acres.

Word has come to us this Gentlemen’s Agreement is not being honored. Why do we call it a Gentlemen’s Agreement? It seems this was a hand-shake deal between Edgar Merkle and the State reminiscent of days gone by…some say the “good ‘ole days” when a man’s word was his bond. Maryland’s staff agency (Department of Legislative Services) was asked to locate the formal agreement reached between Merkle and the State in 1982. An exhaustive search by DLS came up with nothing; thus, leaving us to conclude it could only have been such an arrangement.

What to do?

We recently toured the Merkle Wildlife Sanctuary to see for ourselves whether it’s being managed consistent with and responsive to the intent of this honorable man. And, we found that it is clearly not being managed for migratory AP Canada geese. Our guide told us in years past, the Sanctuary would be teeming with thousands of geese this time of year b/c food was there and no one was bothering them. Today, this Sanctuary is being operated NOT by DNR’s Wildlife & Heritage Service as one might surmise; but, by DNR’s Park Service. We saw joggers and vehicles during our early morning visit.

Anyone who knows anything about resting migratory AP Canada geese knows they are skittish. The slightest presence of human activity spooks them and they look for respite elsewhere, sometimes never to return.

The long and the short of this disclosure to Maryland’s hunting community is the HUNTERS OF MARYLAND, LLC will do its absolute best to convince the incoming Administration and/or the 2023 General Assembly that it’s time to honor the legacy of Edgar Merkle and manage this Sanctuary as the Sanctuary it was intended.


FALL IS HERE

Coming Soon is the 2023 General Assembly

January 11, 2023

Every 4 years there’s an average 40% turnover of State lawmakers. And the 2023 Maryland General Assembly will be no different.

Maryland’s hunting community – represented by the HUNTERS OF MARYLAND, LLC – endeavors to secure pro-hunting supporters within the General Assembly. Never forget that hunting sits on the consumptive side of the policy table which is always controversial. In an urban state like Maryland, many State lawmakers do not want to see a bird shot, fish caught or a tree cut.

Why? Mainly, b/c they simply don’t understand; thus, the HUNTERS OF MARYLAND, LLC pursue a never-ending quest to educate non-hunter State lawmakers, et al, about the ethics/values of hunting, aka Fair Chase Doctrine (link below) and the American System of Conservation Funding. Are we not America’s first true conservationists?

https://www.boone-crockett.org/bc-position-statement-fair-chase

https://www.fishwildlife.org/afwa-informs/resources/american-system-conservation-funding

These last several months have found the HUNTERS OF MARYLAND, LLC keeping a keen eye on the election front which culminates on November 8, 2022. We have attended many events and introduced ourselves as the voice of Maryland’s hunting community. After this day, the educational outreach to those who will be sworn in on January 11, 2023 escalates to Mach 1. Failure to find pro-hunting allies in the Halls of Annapolis will jeopardize the legacy and tradition of hunting in Maryland as we know it today.

The HUNTERS OF MARYLAND, LLC work 24/7 to safeguard that which we hold true as brethren afield.

THE MARYLAND GENERAL ASSEMBLY ADJOURNS SINE DIE ON APRIL 11, 2022

Hunting in Maryland is “Saved” and an Historic “First” is Achieved

Why was hunting in Maryland “saved” by the 2022 General Assembly?

Because landowners who allow hunting on their lands, among other recreational uses, were stripped of their statutory liability protection, courtesy of a decision by the Maryland Court of Special Appeals, aka Martinez vs Ross. What right minded landowner would allow hunting on his/her property if not for such liability protection guaranteed under State law?

Below is the link to the actual court decision which invalidated what was thought to be perpetual protection from injurious litigation for those landowners affording individuals to hunt on their lands.

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

The HUNTERS OF MARYLAND approached the bi-partisan Maryland Legislative Sportsmen’s Caucus in January 2022 with a legislative proposal to remedy the dilemma. It took until the last day of the 2022 Session for the Senate and the House to agree on the language. Talk about a nail biter! The “Enrolled Bill” – a bill that means both the Senate and the House took different actions initially, but ultimately ended up agreeing on the final language – now awaits the Governor’s signature into law, aka “Enacted Bill.”

Below is the link to Senate Bill 582 (Natural Resources – Recreation on Private Land – Hunting) which reinstates such liability protection to landowners.

https://mgaleg.maryland.gov/2022RS/bills/sb/sb0582E.pdf

“Historic First” via Approval of a $250,000 General Fund Appropriation to DNR’s Wildlife & Heritage Service (WHS): This is an historic first b/c Maryland hunters – not taxpayers – have always paid 100% of the costs attendant to wildlife research/management, aka the AMERICAN SYSTEM OF CONSERVATION FUNDING. The HUNTERS OF MARYLAND worked tirelessly all Session to secure Gubernatorial inclusion of this $250,000 in the State’s fiscal year 2023 Budget Bill. The proposed funding amount finally was included in a Supplemental Budget request – an amendment to the Budget Bill as submitted by the Governor – courtesy of supportive lawmakers who convinced the Governor to do so. The funds have been approved for WHS effective July 1, 2022, aka the beginning of Maryland’s fiscal year (July 1, 2022 through June 30, 2023).

How will these tax dollars be spent? §10–209 of the Natural Resources Article (Maryland Annotated Code) establishes the STATE WILDLIFE MANAGEMENT AND PROTECTION FUND whose singular purpose is the “scientific investigation, protection, propagation, and management of wildlife”.

Important to keep in mind: there has not been an increase in the regular Maryland hunting license fee since 1989 despite the escalating costs attendant to wildlife management/research/habitat improvement. Imagine the loss of federal $2 to $1 matching dollars (Pittman/Robertson) had there been some level of increase during this previous 33 year period?

Sparing from the Budget Knife Funding for NRP’s Helicopter: Maryland’s Natural Resources Police (NRP) finally received funding in the fiscal year 2023 budget to purchase its own helicopter for conservation law enforcement purposes. Previously, the NRP were at the mercy of the Maryland State Police for access to helicopter use; but, timely access was always problematic.

With $6.2 million included in the fiscal year 2023 Budget Bill for an NRP helicopter, the General Assembly’s staff agency (Department of Legislative Services, aka DLS) recommended the funding be deleted as explained below.

Funding for The fiscal 2023 allowance includes $6,229,000 in general funds to replace the NRP’s 50-year-old Bell OH-58 helicopter with an Airbus H125M helicopter. DNR notes that it uses the helicopter as a force multiplier for maritime homeland security, conservation enforcement, and search and rescue operations. In addition, DNR notes that there are substantial cost savings between the $6,000 per hour it takes to operate the Maryland State Police’s aviation unit and the $510 per hour to operate the NRP’s aviation unit. However, the NRP aviation unit was effectively abolished by BPW cost containment actions in July 2020. In addition, DNR notes that the Bell OH-58 helicopter was down for six months and no adverse impacts appear to have occurred. The Department of Legislative Services (DLS) recommends that the Bell OH-58 helicopter be decommissioned and the funding for the NRP replacement helicopter be deleted.

The HUNTERS OF MARYLAND – we serve as the eyes and ears of the bi-partisan Maryland Legislative Sportsmen’s Caucus – worked with the Caucus in opposing the DLS recommendation. The first link below is the signed statement to the Senate/House Chairs of the Capital Budget Subcommittees, respectively, requesting they reject the DLS recommendation. The second link is the capital budget analysis prepared by DLS for DNR which, among other things, speaks to the proposed deletion of funding for the NRP helicopter.

Local Sunday Hunting Bills: No local Sunday hunting bills passed the 2021 Maryland General Assembly b/c the Senate Education, Health, and Environmental Affairs Committee “kept in the drawer” – Annapolis vernacular for not even bringing a bill up for a committee vote -- all the local Sunday hunting bills having passed the House of Delegates. The same scenario almost played out again in 2022; but, advocates prevailed, albeit in the final hours of the 2022 Session and with a restrictive caveat: expanded Sunday hunting, via regulations promulgated by DNR, is limited to 30 minutes before sunrise to 10:30 a.m. Notably, however, existing Sunday hunting hours by county – meaning 30 minutes before sunrise to sunset -- was not subjected to this time restriction.

Below are links to all the local Sunday hunting bills that did pass the 2022 General Assembly and now await the Governor’s signature into law.

https://mgaleg.maryland.gov/2022RS/bills/hb/hb0051E.pdf

https://mgaleg.maryland.gov/2022RS/bills/hb/hb0143E.pdf

https://mgaleg.maryland.gov/2022RS/bills/hb/hb0170E.pdf

https://mgaleg.maryland.gov/2022RS/bills/hb/hb0485T.pdf

https://mgaleg.maryland.gov/2022RS/bills/hb/hb0514E.pdf

https://mgaleg.maryland.gov/2022RS/bills/hb/hb0556T.pdf

Nighttime Deer Killing Bill: This bill would have ended DNR’s broad regulatory authority to allow certain permitted individuals – aka, Deer Cooperators and Agricultural Deer Cooperators – to kill deer at night for purported management purposes. A careful reading of this bill – see link below – makes clear the proposal was not taking away anything from the farming community but capping their ability to kill deer all night long 365 days per year. Truly outrageous. Well, this one did not make it. The farming community prevailed.

https://mgaleg.maryland.gov/2022RS/bills/hb/hb1067F.pdf

For those who believe that nighttime killing of deer – for purposes other than public safety – is wrong, take heart in the fact the HUNTERS OF MARYLAND will not abandon this righteous cause.

Right to Ride: Envious of the enactment of the Right to Fish and Hunt (first link below) in 2021, the equine community sought comparable recognition by the 2022 General Assembly via Senate Bill 345 (second link below). The bill did not pass, meaning only those who fish and hunt have a statutory declared right to do so.

https://mgaleg.maryland.gov/2021RS/chapters_noln/Ch_296_sb0318T.pdf

https://mgaleg.maryland.gov/2022RS/bills/sb/sb0345F.pdf

Issues Failed to Re-Appear in 2022: Sometimes the best legislative achievements are those in which an issue is not even presented b/c of fear of losing again. This is the case with (1) the venison commercialization bill – advanced for 3 consecutive years by the farming community (2019, 2020 and 2021); and (2) the deer killing bounty bill approved by the Anne Arundel County Executive in 2021, despite having been advised his actions were illegal by the Attorney General.

Thankfully, these two issues -- having been previously defeated with the help of the HUNTERS OF MARYLAND – did not appear on the 2022 legislative agenda.

IN THE FINAL ANALYSIS, any first-time observer to the legislative process comes away with a less than clear understanding of the personnel and process. In short, its awe inspiring on one hand and yet most distressful on the other. Annapolis is the General Assembly’s playground, meaning their marbles and their rules. Any individual, group or organization seeking to influence policy must have knowledge of these rules and a means of working with both sides of the political aisle. The HUNTERS OF MARYLAND has established itself as the voice of Maryland’s hunting community and our impressive legislative/budgetary successes will only continue to grow.

Book Signing Ceremony in Annapolis HUNTERS OF MARYLAND in Attendance

Former State Senator and USMC combat pilot, the Honorable John Astle, held an "Invitation Only" inaugural book signing ceremony in Annapolis on the evening of March 29, 2022. Unveiled was Astle's personal account as a USMC combat pilot in Vietnam, aka "Jungle Combat".

Most know the good Senator, among other things, as the "First" Senate Co-Chair of the bi-partisan Maryland Legislative Sportsmen's Caucus and the "First" President of the National Assembly of State Sportsmen's Caucuses. Senator Astle is a true American military hero and avid sportsman. The HUNTERS OF MARYLAND were most honored to have been invited (pictured is Founder, Steve Keithley, receiving his signed copy).

Few know outside of Annapolis that Senator Astle and our Advocate, Bill Miles, have known each other almost 4 decades. Together, along with now President of the Congressional Sportsmen's Foundation (Jeff Crane), created the bi-partisan Maryland Legislative Sportsmen's Caucus back in 2002. Among their many adventures afield together was a classic wild hog hunt on horseback in Texas. Astle and Miles both took down 300 plus pound wild hogs, respectively, with knives. At the book signing event, both recounted this experience in terms of being one of their most, if not all-time, intense adrenaline-rushed experiences of their life afield.

Founder Keithley and Advocate Miles -- joined by one of our own, Beth Hill, pictured herein as well with others -- had a unique opportunity to confer with the Honorable Bill Ferguson, President of the Maryland State Senate...seems we have much more in common with this good man than we thought.

All in all, it was a great evening in Annapolis with Senator Astle, et al.



MARCH 7, 2022 LEGISLATIVE SESSION UPDATE

Hunting-Related Policy Issues Pending Consideration

Nearing End of the “Input” Phase and Beginning of the “Decision” Phase

Starting on or about March 11, 2022, the Maryland General Assembly will enter into its “decision-making” phase of the regular 90-day Session which started on January 12, 2022 and will end on April 11, 2022. The “decision-making” phase comprises the last 30 days of the 90-day Session. And, we’re almost there…no decisions yet, but they’re coming.

This Update will focus on those hunting-related policy proposals which are front and center in the Halls of Annapolis. No prediction is made herein b/c the legislative process is so unpredictable that even the “best guess” scenario can prove wrong. And, the last thing the HUNTERS OF MARYLAND would ever want is to make a prediction that did not come to fruition. Plus, we don’t vote and no one really knows the outcome until all votes are cast, be they for and or against something that you may want.

What we can say, however, is the HUNTERS OF MARYLAND work hand-in-hand with the bi-partisan Maryland Legislative Sportsmen’s Caucus within the Maryland General Assembly. It’s quite the partnership. We also work closely with the Congressional Sportsmen’s Foundation, often capitalizing on their national experience re certain subject matters.

Stopping the Expanded Nighttime Killing of Deer:  On March 2, 2022, the HUNTERS OF MARYLAND presented testimony before the House Environment & Transportation Committee in support of stopping further nighttime shooting of deer by those DNR-permitted individuals known as "Deer Cooperators" and "Agricultural Deer Cooperators".  The Farm Bureau is aggressively lobbying hard to stop this one.  

Below is the link to the bill and attached is our testimony which explains the issue in depth.

Affording Landowners Liability Protection:  On March 2, 2022, we also testified before the House Environment & Transportation Committee in support of House Bill 956.  The intent of this proposal is to remedy a Court Ruling stating that Maryland's recreational use statute does not afford landowners the extent of liability protection coverage assumed by them all for several years.  Long and the short of it:  absent enactment of this legislation no landowner in his/her right mind would allow someone to hunt on their property b/c of possible injuries sustained at no fault of the landowner.

Below is the link to the bill and attached is our testimony.

Expungement of Prior Hunting/Fishing Violations:  For lots of reasons, many a hunter/angler have made mistakes -- with no malice towards the resource – resulting in a citation for a violation of Maryland's hunting and/or fishing laws.  If convicted – either by paying the fine and/or a court conviction -- the way Maryland law reads now is there is no legal reprieve...the violation haunts you forever b/c there is no expungement authorized for violating Maryland’s hunting/fishing laws. The HUNTERS OF MARYLAND are working to remedy this law that few sportsmen/women even know exists, until its too late.

Below is the link to the bill and a statement of support by the bi-partisan Maryland Legislative Sportsmen’s Caucus.

50-Yard Archery Safety Zone:  There are 8 counties now with statutory authority permitting the safety zone for archery hunting from 150 yards to 50 yards.  We are working on 3 counties this Session to enable a reduction from 150 yards to 50 yards, with the exception of Kent County which is asking for 75 yards.  The other two counties are Charles and Prince George's.

The HUNTERS OF MARYLAND -- on our watch -- is aiming towards securing this 50-yard archery safety zone in as many counties as are willing via our partnership with the Maryland Bowhunter's Society. 

Helping Secure Funding for MNRP's Airbus Helicopter:  The Hogan Administration has finally stepped us and budgeted moneys in fiscal year 2023 to underwrite a new Airbus helicopter for Maryland's Natural Resources Police (MNRP), aka $6.2 million.  Since MNRP lost their "eyes in the skies" years ago -- linked to aging aircraft + the high cost of replacement -- they have been totally dependent upon the Maryland State Police which have a fleet of Dauphine helicopters, aka French-made top of the line aircraft.

Anyway, the Maryland State Police have been less than accommodating to the MNRP.  One understandable reason is b/c the Maryland State Police must abandon what they're in the act of doing to transfer patients injured on the road, or elsewhere.  Aside from this, it's been like pulling hen’s teeth, so we're told, for MNRP to gain access.

There is no legislation on this one.  The General Assembly's independent staff agency -- Department of Legislative Services -- has recommended the $6.2 million for the MNRP helicopter be eliminated and instead continues its shaky reliance upon helicopters owned/operated/controlled by the Maryland State Police.

We are working hand-in-hand with the bi-partisan Maryland Legislative Sportsmen's Caucus -- as we do with all policy-related proposals, both during the 90-day Session and the 9-month Interim -- to convince the budget committees (Senate Budget & Taxation Committee and the House Appropriations Committee) -- to reject the DLS proposed cut.

Below is the link to the DLS budget analysis Attached is the Caucus position statement opposing the DLS recommendation.

Local Sunday Hunting Bills:  There are a slew of them this Session.  As mentioned before, most of these bills propose to abandon existing statutory protection -- that is, designated Sundays that are embedded in State law -- and, instead, allow DNR through the annual regulatory process to determine which Sundays would be available for Sunday hunting.  The one positive thing about such a shift is that upland game -- not waterfowl -- could be allowed which is beyond most Sunday hunting days for deer on private and public lands, with certain exceptions granting turkey hunting on certain Sundays, authorized at present.

Last Session, these same bills passed the House but failed in the Senate.  This was because of a rift between the Chairs of the respective committee about several controversial issues facing the General Assembly in general, and the two Committees in particular.

Sunday Waterfowl Hunting:  This is the single most contentious Sunday hunting issue out there.  Legislation has been introduced to authorize statewide Sunday hunting for waterfowl.

IN CLOSING: There are many other issues – some policy, some non-policy – the HUNTERS OF MARYLAND are working on in conjunction with the State/local lawmakers plus the bi-partisan Maryland Legislative Sportsmen’s Caucus. Important for everyone to understand: the HUNTERS OF MARYLAND serve as the last line of defense against those individuals, groups and organizations whose priorities do not align with those of conservation-minded sportsmen/women.

ANNAPOLIS LEGISLATIVE UPDATE HUNTING-RELATED ISSUES

2022 Session of the Maryland General Assembly

Seasoned veterans of the 90-day Legislative Session in Annapolis will tell you the first third of Session is about comradery and bill introduction, the second third is about hearing from the public and the final third is about decision-making. The latter one third is always contentious because lawmakers take their job seriously and want to do the right thing…as they view things.

As of this writing, the 2022 Session of the Maryland General Assembly is in the second third of the Session. In many ways, this is the most difficult time of the 90-day Session for any individual or organization with a vested interest in a policy outcome. Both verbal and written testimony – be it for or against – must be factually and convincingly submitted. And, there are absolutely no assurances of a desired outcome, no matter how seemingly “right” in the eyes of the advocate.

The HUNTERS OF MARYLAND find themselves embroiled in many “contentious” issues as we enter this second third of the 2022 Session. One need not be a seasoned veteran to recognize that any hunting-related issue will be “contentious” because they are “consumptive” in nature for the most part, aka, taking of wildlife.

Compounding the legislative environment in Annapolis is the fact that probably 10 or so lawmakers – out of 188, 47 Senator + 141 House Delegates – hunt. The remainder probably have never been afforded the opportunity to be afield – see herein the January 27, 2022 “Camaraderie Afield” – or even heard of the American System of Conservation Hunting, thus, it should come as no surprise that securing their support can prove to be an uphill climb.

It's the mission, among other things, of the HUNTERS OF MARYLAND to serve as the last line of defense in safeguarding the tradition and legacy of hunting in Maryland. And we take pride in this noble mission. No need to speak of prior pro-hunting policy accomplishments so let’s speak now to those issues in Annapolis currently facing Maryland’s hunting community.

Nighttime Shooting of Deer: The farming community has permission now to kill deer 365, including Sundays, if DNR grants them a Deer Management Permit. DNR can also grant Deer Cooperator and Agricultural Deer Cooperator permits which allow these individuals to kill deer at night from February 1 through March 31.

This is not enough. They want more.

House Bill 1067 has been introduced by the Honorable Dana Stein in a good faith effort to strike an equitable balance between landowners, who need specialized deer management control tools, and conservation-minded hunters who are mindful of extirpation.

House Bill 1067 would accomplish the following by law: (1) recognize that certain individuals are deserving of special permits to take deer outside the recreational hunting season; (2) grant a 2-month period in which certain individuals, duly permitted by DNR on a case by case basis, can take deer at night; (3) ensure that no Administration, incumbent and/or future, can issue nighttime deer shooting permits via the regulatory process not unlike that permitted under the incumbent Administration these last 3 years; and (4) impose stringent reporting requirements to the General Assembly by DNR concerning the purpose, intent and outcome attendant to the issuance of these special nighttime deer shooting permits…true transparency and accountability which are not required under existing law.

The farming community will oppose. And the HUNTERS OF MARYLAND will support.

“Legalized Jacklighting” – how else better can it be phrased -- cannot be tolerated beyond definitive parameters and only relied upon as an absolute last resort. House Bill 1067 accomplishes this 2-fold purpose and more.

https://mgaleg.maryland.gov/2022RS/bills/hb/hb1067F.pdf

Liability Protection for Landowners re Hunting: A recent Court of Special Appeals Ruling – see link below – threw out what many of us thought was landowner liability protection; that is, when the landowner grants “public” access to his/her property and an injury ensues. Given the Court’s ruling, there exists widespread, grave uncertainty about liability protection afforded landowners, especially when they grant access – for cost or no cost – for hunting.

Senate Bill 582/House Bill 956 would solve this dilemma. Clearly, one can see the importance of this bill’s passage and enactment, the latter requisite of the Governor’s signature into law.

Below is a link to the bill itself along with the April 29, 2020 court ruling and an explanation of the ruling in laymen’s terms.

https://mgaleg.maryland.gov/2022RS/bills/sb/sb0582F.pdf

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

 

Local Sunday Hunting Bills: There are several local Sunday hunting bills pending consideration in Annapolis. Most of these bills were introduced during the 2021 Session, passed the House of Delegates but failed in the Senate Education, Health and Environmental Affairs Committee. Why? In a word, politics. Nothing to do with merit. As mentioned, it becomes most challenging – being charitable here -- during the final one third of Session, especially when you’re on the consumptive side of the policy table, so the HUNTERS OF MARYLAND anticipate and brace for the maelstrom.

One can reasonably imagine that most, if not all, these local Sunday hunting bills will pass this Session with an exception or two. And it is notable to point out a simple fact about these bills: all of them – with one exception, the Prince George’s bills (Senate Bill 233/House Bill 874) – currently allow some form of designated Sunday hunting, mainly for deer on private lands. “Designated” denotes those counties statutorily guaranteed specific hunting days. The shift within these counties is to move away from guaranteed legal Sunday hunting days in exchange for additional Sunday hunting with more species to be hunted, primarily squirrels, rabbits and quail (waterfowl excepted), via the annual regulatory process.

There is a hidden concern associated with this shift that few contemplate. What if a future, anti-hunting Administration decides not to support Sunday hunting through regulation for the following season? Then what? Let’s hope that never happens.

All of these local Sunday hunting bills have undergone “local” scrutiny; meaning, proposals have emanated from within their jurisdiction and approved by the local governing body. Only with such approval will (1) the jurisdiction’s Delegation to Annapolis introduce the legislation for consideration by the full General Assembly, whose approval must be secured to become law; and (2) the standing committee of jurisdiction within the Senate (Senate Education, Health and Environmental Affairs Committee) and the House (House Environment and Transportation Committee) will refuse to allow a public hearing without this local statement of support.

Sunday Waterfowl Hunting: Legislation has been introduced to authorize Sunday hunting of waterfowl, as it was in 2019 but failed. Proponents argue they want the day to accommodate family life. Opponents argue the Atlantic Flyway, especially Atlantic Population “AP” Canada geese within the Flyway, has a comparatively insufficient number of waterfowl to the other Flyways to warrant such added pressure With respect to AP Canada geese, Canada for the third consecutive year, courtesy of COVID, has denied USFW access to its norther borders to survey the breeding grounds, aka, biological assessment of overall bird population, breeding pair numbers and gosling production.

These two schools of thought will collide this Session. The outcome is uncertain as of this writing.

https://mgaleg.maryland.gov/2022RS/bills/sb/sb0160F.pdf

50 Yard Archery Safety Zone: §10-410 of the Natural Resources Article (Maryland Annotated Code) authorizes a 50-yard archery safety zone for hunting within 8 counties at this time: Calvert, Carroll, Cecil, Frederick, Harford, Montgomery, St. Mary’s and Washington. The HUNTERS OF MARYLAND are working with lawmakers representing these other local governments – in cooperation with the Maryland Bowhunter’s Society – to expand the number of counties authorized under §10-410.

With an ever-expanding population coupled with denser deer herds in proximity, the use of firearms for deer control is becoming a public safety issue. The citizenry’s enhanced acceptance of archery hunting is heartening and the HUNTERS OF MARYLAND are confident that more counties will join the existing 8 in years to come. Remember: only the General Assembly can authorize a change to §10-410 based upon requests from local governments.

IN THE FINAL ANALYSIS, the HUNTERS OF MARYLAND will be on patrol until adjournment of the 2022 Session doing its 24/7 best to safeguard the policy-related tradition and legacy of hunting from those who do not understand, agree or refuse to even listen to our side.