Maryland 2022 Regular Session

Maryland House Bill HB1067 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1067
6	6
7	7	HOUSE BILL 1067
8	8	M2 2lr2471
9	9
10	10	By: Delegate Stein
11	11	Introduced and read first time: February 10, 2022
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Natural Resources – Wildlife Management – Nighttime Hunting 2
19	19
20	20	FOR the purpose of authorizing the Department of Natural Resources to allow certain 3
21	21	permit holders to hunt deer at nighttime for a period not to exceed a certain number 4
22	22	of months each year; altering provisions regarding the use of lights while hunting at 5
23	23	nighttime; and generally relating to nighttime hunting in the State. 6
24	24
25	25	BY repealing and reenacting, without amendments, 7
26	26	Article – Natural Resources 8
27	27	Section 10–101(a) and (m) 9
28	28	Annotated Code of Maryland 10
29	29	(2012 Replacement Volume and 2021 Supplement) 11
30	30
31	31	BY repealing and reenacting, with amendments, 12
32	32	Article – Natural Resources 13
33	33	Section 10–206 and 10–410(b) and (e)(1) 14
34	34	Annotated Code of Maryland 15
35	35	(2012 Replacement Volume and 2021 Supplement) 16
36	36
37	37	Preamble 17
38	38
39	39	WHEREAS, The General Assembly recognizes its responsibility to adopt wildlife 18
40	40	management policies that help to protect the health, safety, and welfare of the citizens of 19
41	41	the State, and to help control wildlife in a manner consistent with and responsive to 20
42	42	science–based wildlife management practices; and 21
43	43
44	44	WHEREAS, Maryland ’s farming community has long held that deer inflict such 22
45	45	annual economic hardships linked to measurable crop damage that they deserve specialized 23
46	46	permits allowing the harvesting of deer outside the regular recreational hunting season; 24
47	47	and 25
48	48	2 HOUSE BILL 1067
49	49
50	50
51	51	WHEREAS, Maryland has been duly responsive to the farming community’s 1
52	52	concerns by enabling the Department of Natural Resources to issue Deer Cooperator 2
53	53	Permits and Agricultural Deer Cooperator Permits that allow nighttime shooting of deer 3
54	54	with high–powered rifles and other weaponry from February 1 through March 31; and 4
55	55
56	56	WHEREAS, Maryland’s hunting community has long disdained the practice of 5
57	57	harvesting deer during nighttime, commonly known as “jacklighting”, because deer are 6
58	58	rendered temporarily blind and defenseless when a bright, high–powered light is shone in 7
59	59	their eyes, ensuring a predictable outcome that violates the wildlife conservation–minded 8
60	60	doctrine of fair chase; and 9
61	61
62	62	WHEREAS, Conflicts arising from a growing population in proximity to wildlife are 10
63	63	inevitable, and the General Assembly should help to mitigate such conflicts by ensuring 11
64	64	that nighttime harvesting of wildlife, especially deer, is regulated in a manner to help 12
65	65	better control population numbers without threatening the health, safety, and welfare of 13
66	66	the public; and 14
67	67
68	68	WHEREAS, Duly permitted nighttime shooting of wildlife, with strict regulatory 15
69	69	oversight by the Department of Natural Resources, is critical for effective wildlife 16
70	70	management control; now, therefore, 17
71	71
72	72	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
73	73	That the Laws of Maryland read as follows: 19
74	74
75	75	Article – Natural Resources 20
76	76
77	77	10–101. 21
78	78
79	79	(a) In this title the following words have the meanings indicated. 22
80	80
81	81	(m) “Nighttime” means the time beginning one–half hour after sunset and ending 23
82	82	one–half hour before sunrise the following day, as published in the Department’s hunter’s 24
83	83	guide, unless this title provides otherwise. 25
84	84
85	85	10–206. 26
86	86
87	87	(A) (1) The Department may reduce the wildlife population in any county, 27
88	88	election district, or other identifiable area of the State after a thorough investigation 28
89	89	reveals that protected wildlife is seriously injurious to agricultural or other interests in the 29
90	90	affected area. 30
91	91
92	92	(2) The method of reducing the wildlife population is at the Department’s 31
93	93	discretion, except that trapping is preferred whenever feasible. 32
94	94
95	95	(3) The Department shall dispose of wildlife taken pursuant to the 33
96	96	provisions of this section as the Department deems advisable. 34
97	97	HOUSE BILL 1067 3
98	98
99	99
100	100	(B) (1) THE DEPARTMENT MAY ALLOW A PERSON WHO HOLDS A DEER 1
101	101	COOPERATOR PERMIT OR AN AGRICULTURAL DEER COOPERATOR PERMIT ISSUED 2
102	102	IN ACCORDANCE WITH COMAR 08.03.09.11 TO HUNT DEER AT NIGHTTIME FOR A 3
103	103	PERIOD NOT TO EXCEED 2 MONTHS EACH YEAR . 4
104	104
105	105	(2) ON OR BEFORE DECEMBER 1, 2023, AND EACH DECEMBER 1 5
106	106	THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE SENATE EDUCATION, 6
107	107	HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE AND THE HOUSE 7
108	108	ENVIRONMENT AND TRANSPORTATION COMMITTEE, IN ACCORDANCE WITH § 8
109	109	2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE FOLLOWING FOR TH E 9
110	110	IMMEDIATELY PRECEDIN G CALENDAR YEAR : 10
111	111
112	112	(I) THE NUMBER OF DEER COOPERATOR PERMITS AND 11
113	113	AGRICULTURAL DEER COOPERATOR PERMITS ISSUED, INCLUDING AN ANALYSI S OF 12
114	114	THE RESULTS OF EACH PERMIT COMPARED WITH THE OPERATIONAL PLAN FOR THE 13
115	115	PERMIT; 14
116	116
117	117	(II) THE NUMBER AND TYPE O F WILDLIFE TAKEN AT NIGHTTIME 15
118	118	IN THE STATE; AND 16
119	119
120	120	(III) TO THE EXTENT PRACTIC ABLE, AN ANALYSIS OF THE 17
121	121	SOCIOECONOMIC IMPACT OF NIGHTTIME HUNTING . 18
122	122
123	123	10–410. 19
124	124
125	125	(b) [A] SUBJECT TO DEPARTMENT REGULATIONS AND E XCEPT AS 20
126	126	PROVIDED IN § 10–206 OF THIS TITLE, A person may not hunt any game bird or mammal, 21
127	127	except raccoon and opossum, at nighttime. 22
128	128
129	129	(e) (1) (I) [A person or 2 or more persons together] EXCEPT AS PROVIDED 23
130	130	IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH , A PERSON may not hunt or 24
131	131	attempt to hunt at nighttime any species of wild bird or wild quadruped with a light, 25
132	132	including the headlights of any vehicle, and a person may not cast the rays of any artificial 26
133	133	light when the rays emanate from a vehicle on any woods, fields, orchards, livestock, wild 27
134	134	animals or birds, dwellings, or buildings. 28
135	135
136	136	(II) The provisions of this paragraph do not apply to [the]: 29
137	137
138	138	1. THE normal use of headlights of a vehicle traveling on any 30
139	139	public or private road in a normal manner[, to any]; 31
140	140
141	141	2. A police, emergency, or utility company vehicle using 32
142	142	spotlights in the performance of their duties[, or to any]; 33
143	143	4 HOUSE BILL 1067
144	144
145	145
146	146	3. A farmer or landowner on the farmer’s or landowner’s own 1
147	147	or leased land using artificial lights to check on the farmer’s or landowner’s land, crops, 2
148	148	livestock, or poultry; OR 3
149	149
150	150	4. A HOLDER OF A DEER COOPERATOR PERMIT OR AN 4
151	151	AGRICULTURAL DEER COOPERATOR PERMIT HUNTING DEER AT NIGHTTIME IN 5
152	152	ACCORDANCE WITH § 10–206 OF THIS TITLE. [However, raccoons] 6
153	153
154	154	(III) RACCOONS, fox, or opossum may be hunted on foot at nighttime 7
155	155	during open season with the use of a dog or light, or both. 8
156	156
157	157	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 9
158	158	1, 2022. 10